This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore how sentences can be increased on appeal in England and Wales under the Unduly Lenient Sentence scheme. Learn who can trigger a review, how the Court of Appeal assesses sentences, time limits and practical steps for referring sentences deemed too low.
In criminal law, appeals usually focus on challenging conviction or seeking a reduced sentence. However, in England and Wales there is a specific and important process by which certain sentences can be increased on appeal if they are judged to be unduly lenient. This is a distinct mechanism that allows review of sentences that fall outside the range of what a judge could reasonably have imposed for the offending. This article explains how and when sentences can be increased on appeal, the statutory framework, who can trigger a review, the procedural requirements, and what this means in practice.
What Is Sentence Increase on Appeal?
A sentence may be increased on appeal when it is regarded as so low that it undermines public confidence or fails to reflect the seriousness of the offence. The only established route for increasing sentences on appeal in England and Wales is the Unduly Lenient Sentence (ULS) scheme, which allows certain Crown Court sentences to be reviewed by the Court of Appeal if referred by the Attorney General's Office within strict time limits.
This process is exceptional and focuses on correcting grossly lenient sentences, not on routine disagreements over sentencing discretion.
The Legal Basis: Criminal Justice Act 1988
The ULS scheme is grounded in the Criminal Justice Act 1988. Under this legislation, the Attorney General or Solicitor General has the power to refer a Crown Court sentence to the Court of Appeal for reconsideration on the basis that it may be unduly lenient. Parliament introduced this mechanism to ensure serious sentencing errors could be corrected and to bolster public confidence in the justice system.
Who Can Trigger a Sentence Review?
Attorney General and Solicitor General
Only the Law Officers - the Attorney General and the Solicitor General - can formally refer a sentence to the Court of Appeal under the ULS scheme. They exercise this power after considering referrals from others.
Members of the Public, Victims and Prosecutors
Although the Law Officers must make the formal referral, any person can ask for a Crown Court sentence to be reviewed, provided the offending and sentencing fall within the ULS scheme. This includes victims of crime, members of the public, and the Crown Prosecution Service (CPS). The Attorney General's Office then decides whether to refer the case to the Court of Appeal.
Time Limits and Offences Covered
A referral must be made within 28 calendar days of the date of sentencing. This deadline is strict and cannot be extended. In practice, courts and prosecutors aim to lodge referrals well within that period to allow time for review and preparation before the Court of Appeal considers the case.
Not all offences are covered. Primarily, the scheme applies to offences triable only on indictment (that is, in the Crown Court), and to other offences added to the scheme by statutory order. The CPS guidance provides an up‑to‑date list of offences eligible for review.
How the Court of Appeal Reviews Sentences
1. Test for “Unduly Lenient”
When the Court of Appeal examines a referred sentence, it applies a specific test: a sentence is unduly lenient if it falls outside the range of sentences which the trial judge could reasonably consider appropriate, based on the facts and circumstances of the case. The court is not simply deciding whether it would have imposed a higher sentence, but whether the original sentence was so low that it was outside a reasonable judicial range.
2. Review of Available Material
In assessing the sentence, the Court of Appeal generally considers material that was before the sentencing judge at the time of sentence. This includes facts about the offence, the defendant's background, aggravating and mitigating factors and relevant sentencing guidelines. It does not typically re‑weigh new evidence, although fresh information can sometimes inform whether an increase is fair in context.
3. Discretion to Increase or Leave Unchanged
Even if a sentence is found to be unduly lenient, the Court of Appeal retains discretion on whether to increase it. The court may consider factors including fairness to the offender and other sentencing objectives. Accordingly, not all referred sentences result in a higher sentence.
Examples of Sentences Increased on Appeal
Statistics from recent years show the ULS scheme in action:
- In 2021, out of 678 sentences reviewed, 151 were referred to the Court of Appeal and 106 were increased after being deemed unduly lenient.
- In the early part of 2025, a significant proportion of sentences referred under the scheme were increased, especially for violent and sexual offences, reflecting prosecutorial and public concern over perceived leniency in sentencing.
These examples underscore how the scheme operates in practice and the range of cases where sentences have been increased, including serious violent, sexual and organised crime offences.
Practical Steps for Raising Concerns About a Lenient Sentence
1. Act Quickly
Because of the strict 28‑day deadline from sentencing to make a referral, anyone concerned that a sentence is too low should contact the Attorney General's Office as soon as possible. Outreach to victims' services, the CPS or legal advisers can help ensure timely referral.
2. Explain Why the Sentence Is Too Low
Referral requests should clearly articulate why the sentence falls outside the reasonable range - for example, by highlighting specific aggravating factors, disproportionate outcomes compared with sentencing guidelines, or departures from relevant case law. The Attorney General's Office considers this in deciding whether to refer the case to the Court of Appeal.
3. Await the Court of Appeal Hearing
Once the Law Officers refer a case, the Court of Appeal hears argument (usually from the Solicitor General's counsel) in which the Crown seeks to justify why the sentence should be increased. The original sentence can either be upheld or replaced with a higher sentence.
Common Questions
Can sentences be increased on an individual's own appeal?
No. Individuals convicted and sentenced generally cannot appeal to increase their own sentence on the basis that they want a harsher punishment. The mechanism for increasing sentences exists only through referral by Law Officers under the Unduly Lenient Sentence scheme.
Is there any right to increase sentences from lower courts?
No. The ULS scheme applies only to Crown Court sentences for certain offences. Sentences from magistrates' courts are not subject to this referral process for increase under the scheme.
Does the Court of Appeal always increase sentences when referred?
Not necessarily. Even if the Attorney General refers a case on the basis of undue leniency, the Court of Appeal may decide the sentence was within the range of reasonable sentencing and leave it unchanged.
Key Takeaways
In England and Wales, sentences can be increased on appeal through the Unduly Lenient Sentence (ULS) scheme, established under the Criminal Justice Act 1988. This mechanism allows the Attorney General or Solicitor General to refer certain Crown Court sentences to the Court of Appeal for review if they may be grossly inadequate. The Court then determines whether the sentence falls outside the reasonable range and can substitute a higher sentence if justified. Strict time limits, careful legal analysis, and statutory guidance govern the process, which plays an important role in correcting serious sentencing errors and maintaining public confidence in the criminal justice system.
