by Lizzie Massey

lmassey@thekmgroup.co.uk

Dartford MP Gareth Johnson is trying to change the law so unduly lenient sentences handed to criminals can be challenged.

Courts naturally favour the rights of the criminal over the victim, according to Mr Johnson, who will present a Bill to the House of Commons later this month.

In the UK, defence teams can appeal any sentence given at magistrates’ court, youth court or crown court if they feel it is too tough.

But the prosecution can only appeal against sentences they feel are too lenient in cases involving the most serious crimes.

The Attorney General’s office revealed it had received a large number of requests asking law officers to refer lenient sentences to the Court of Appeal but only certain serious offences can be reviewed there.

Mr Johnson said: “It’s not right that the defence can appeal in almost any situation, but the prosecution can only appeal in the most serious instances of robbery, rape and murder.”

At the moment, an offender sentenced in crown court for some sexual offences, serious assault, burglary or dangerous driving cannot be subject to a prosecution appeal.

Mr Johnson worked in criminal justice for more than 20 years before going into politics. He said: “I want to see more checks and balances for the prosecution.

One of the cases which encouraged Mr Johnson to bring the Bill is one of three men who filmed themselves assaulting a 17-year-old boy with autism and Asperger’s syndrome.

They kicked and stamped on his head, repeatedly punched him, beat him with a tennis racket, scratched his arms and leg with sandpaper, threw him down a hill, pelted him with dog mess and forced him to drink alcohol.

Despite admitting the attacks that could “almost be called torture”, Judge Jonathan Geake, sitting at Manchester Crown Court, handed out community service orders and three-month curfews as “an intensive alternative to custody” on October 11, 2010.

“I’ve been aware that this has been a problem for some time now. We have a system which inherently favours the rights of the offender over the rights of the victim.

“I have already spoken to Chris Grayling, the Secretary of State for Justice, and with the Attorney General Dominic Grieve about the Bill and both of them are positive about it.

“Hopefully it will be a start to changing the justice system for the better.”

Mr Johnson is bringing the Private Member’s Bill “to extend the powers of prosecuting authorities to appeal against unduly lenient sentences imposed in the Criminal Courts” to the House of Commons on Tuesday.

It is just the start of a long process.

The Bill, if popular, will have to be discussed at various levels, including the House of Lords, and it could take months, maybe even years, before it reaches a conclusion.