Have a question?
033 3772 0409

Crime Solicitors

Pilot scheme to expand Treasury Counsel working on Unduly Lenient Sentences appeals (7 January 2016)

Date: 07/01/2016
Duncan Lewis, Crime Solicitors, Pilot scheme to expand Treasury Counsel working on Unduly Lenient Sentences appeals

The Attorney General Jeremy Wright QC MP has announced the launch of a pilot programme to allow a wider range of prosecutors to conduct appeals into Unduly Lenient Sentences (ULS) on behalf of the government.

Currently, only Treasury Counsel participates on behalf of the government under the Unduly Lenient Sentences scheme – which gives the public the right to challenge judicial sentences in some offences.

The Attorney General has announced that Grade 4 prosecution advocates will now be eligible to participate in a six-month pilot scheme in which they will undertake ULS casework usually reserved for Treasury Counsel.

There are usually around 18 senior barristers specialising in criminal law, who are appointed as Treasury Counsel by Her Majesty’s Attorney General to represent the court in criminal cases in the Court of England and Wales. They take advice from different government departments and the Treasury Solicitor – and handle the most complex or serious criminal cases.

The number of sentences considered by the Attorney General’s Office has increased by 97% since 2010 – with an increase from 342 sentences in 2010 to 674 sentences in 2014.

During the same period, referrals by the Attorney General’s Office to the Court of Appeal rose by 35%, from 90 referrals to 122.

Under the proposals to expand the range of advocates handling such appeals, Treasury Counsel will continue to play the main role in ULS casework – and the Attorney General will also retain his discretion to request them to instruct in appropriate cases. However, there will continue to be “a significant number of cases” where trial sentencing advocates should not or cannot act.

For training purposes, the CPS Training College is devising a package of materials to assist external advocates unfamiliar with advising on unduly lenient sentences.

The package will include a comprehensive guide explaining the legal and procedural basis of references – as well as a video recording of a ULS hearing.

After the end of the current six-month pilot to increase the number of Treasury Counsel, the programme will be evaluated to determine its effectiveness.

Attorney General Jeremy Wright QC MP said:

“It’s vital that the public are able to legally challenge custodial sentences –
and to make sure offences are being properly punished.

“This trial extension is a great opportunity for experienced lawyers to develop their skills further, while preserving the continued effective operation of the ULS scheme.

“With the number of referrals increasing, it is right that we look at ways to widen the approach.”

Treasury Counsel was first appointed at the Central Criminal Court in London – the Old Bailey – in 1879, when two members of counsel were appointed to represent the Crown.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers can advise at any stage of a criminal charge, including advising on appeals against conviction and sentencing – as well as offering legal advice on ULS appeals.

There are Duncan Lewis offices nationwide – including more than 20 offices across London and the southeast – and our criminal defence solicitors regularly visit police stations, courts and prisons to advise on criminal law and sentencing.

For expert legal advice on criminal law, call Duncan Lewis crime lawyers on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis 24-Hour Emergency Helpline on 0333 772 0607.


For all Crime related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.