Victims and families given more time to appeal sentences they think are too soft

Victims and bereaved families will be given more time to challenge sentences they think are too soft under new plans.

They will have six months to ask for a term to be reconsidered under the Unduly Lenient Sentence Scheme – up from the current 28-day limit, the Ministry of Justice said.

The uplift recognises the fact that ‘grieving families and traumatised victims cannot also be expected to engage with the justice system again in such a short period of time’.

Justice Secretary David Lammy said: ‘When someone’s been through the ordeal of seeking justice and watched the person who hurt them or their loved one be sentenced, the last thing they should be worrying about is a ticking clock.

‘People need time to breathe, to talk to their families, to get advice.

‘This change means they’ll have more time to do this – and most importantly, get the justice they deserve.’

Ministers will also be introducing a legal duty in the Victims’ Code to notify survivors of the scheme’s existence, ‘ensuring that no one is left in the dark about their rights’.

Tracey Hanson, whose 21-year-old son Josh Hanson was stabbed to death at a bar in Hillingdon, west London, in October 2015, has been a lead campaigner for the change.

She has long called for ‘Josh’s Law’ to make sure victims are told at the point of sentencing that they have a legal right to oppose the punishment imposed.

Josh’s killer Shane O’Brien fled the country after the 2015 stabbing and it would be another four years until he was finally brought to justice.

He was jailed for life in 2019, with a minimum term of 26 years – just one above the starting point.

Tracey did not know she had a right to appeal for a tougher sentence and only found out exactly 28 days after the sentencing hearing when she tweeted Claire Waxman, then the London Victims Commissioner, who gave her the details to lodge an application.

Despite immediately filing an appeal to the Attorney General’s office, it was turned down for arriving outside normal office hours.

‘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,’ Tracey said.

‘These reforms are a testament to Josh’s memory and the dedication of everyone who stood with the Josh Hanson Trust.’

However, she said she is ‘deeply disappointed’ that ministers did not adopt the name ‘Josh’s Law’ for the changes she has spent seven years calling for.

She added: ‘It does not just ignore my son Josh and what we have been through as a family, but the hundreds of bereaved families and victims who we continue to advocate for through our charity The Josh Hanson Trust every year.’

Claire Waxman, now the Victims’ Commissioner, said: ‘I am delighted that, after years of campaigning led by Tracey Hanson following the tragic death of her son Josh, and supported by bereaved families, the government has finally listened.

‘I have long supported and worked closely with Tracey on her campaign since 2019, following the appalling injustice she experienced, and I hope this marks an important step towards greater parity between victims and offenders – particularly in securing fair and reasonable timeframes to receive information and request appeals.

‘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.’

Solicitor General Ellie Reeves KC MP said: ‘Victims deserve to know that the justice system is on their side.

‘By giving victims and bereaved family members up to six months to challenge sentences when it is in the interests of justice, we are providing people the time and space they need to come forward.

‘These changes send a clear message: if a sentence doesn’t fit the crime, there will be a proper opportunity to challenge it.

‘This government is committed to a justice system that improves public confidence and puts victims first.’

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