Victims given more time to challenge unduly lenient sentences in ‘significant and long‑overdue reform’
Victims and bereaved families will be given significantly more time to challenge sentences they believe do not reflect the seriousness of the crime, following long‑awaited reforms to the Unduly Lenient Sentence (ULS) scheme announced on Thursday 9 April by the Government.
Under the changes, rather than being strictly limited to a 28‑day deadline that begins immediately after sentencing, victims and bereaved families will have up to six months to ask for a sentence to be reconsidered, where it is in the interests of justice to do so.
The Government will also introduce a legal duty in the Victims’ Code to notify victims of the existence of the ULS scheme, ensuring families are informed of their right to challenge a sentence and how to do so.
The changes come after years of sustained campaigning by bereaved families, led by Tracey Hanson who, following the tragic death of her son Josh, has spoken publicly about the barriers she faced when seeking to challenge sentencing decisions.
The reforms have been welcomed by the Victims’ Commissioner for England and Wales, Claire Waxman OBE, who has long supported and worked closely with Tracey on her campaign:
The new duty to ensure victims are notified about the unduly lenient sentence scheme, alongside extending the rigid 28-day time limit, represents a significant and long overdue reform – ensuring families and victims are not only properly informed but also able to access the scheme even if they were previously unaware. I pay tribute to Tracey’s determination in securing these changes to honour Josh. This is a testament to her campaign, and to the many families who stood alongside her to ensure their voices were heard.
Tracey Hanson said:
These changes represent a hard-fought victory in ensuring that families are no longer left in the dark or rushed through a traumatising process during the most painful moments of their lives. These reforms are a testament to Josh’s memory and the passion and dedication of everyone who stood with the Josh Hanson Trust. We have moved forward, but the fight for full equality in the eyes of the law continues.
Katie Brett, who has publicly called for the ULS scheme to be extended following the murder of her sister Sasha, said:
The ULS scheme is an important safeguard in the justice system that allows certain Crown Court sentences to be referred to the Law Officers – the Attorney General and Solicitor General – if they are believed to fall outside the reasonable range of sentences a judge could impose.
If a referral is accepted, the Court of Appeal can review the sentence and, where appropriate, increase it. The scheme is designed to act as a vital protection to ensure sentences properly reflect the seriousness of the offence.
However, victims and families have long raised concerns that the scheme’s strict and inflexible 28‑day deadline often made it inaccessible, particularly in the immediate aftermath of serious crime, when families are grieving and traumatised.
In some cases, families missed the deadline simply because they were not told the scheme existed. Once the deadline passed, the opportunity to have the sentence reviewed was lost entirely.
To address this, the Government will now introduce a statutory duty in the Victims’ Code requiring that victims be informed about the ULS scheme and their right to refer a sentence.
The Victims and Courts Bill will also extend the period in which the Law Officers can consider referrals, allowing an additional 14 days where cases are submitted close to the deadline, helping ensure thorough and appropriate decision‑making.