Below is the text of the letter we have sent today to the Attorney General, asking if he will review the sentences against those who attacked Lee Irving, under the Unduly Lenient Sentence scheme.
We hope pressure from the family, the network and others will bring about a review of the sentence. We campaigned some years ago to make sure that disability related murders could be sentenced as a matter of parity with other murders that could be seen as hate crimes (for instance, homophobic or race related murders). This would mean that the life sentence can be increased up to 30 years for such crimes. We achieved this end with an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act, thanks to all party pressure. However it is not being used in disabilty related murders – the sentences have remained relatively low for such horrific crimes. So should there be a new law? Or can the provisions in place bring about change?
My feeling is now that the current provisions do not go far enough and are not fit for purpose if, as in the case of Lee Irving, the police and CPS regarded the crimes against him as related to his disability but the judge could decide that was not the case and sentence (relatively) low. If the provision was for a clear issue – disability related murder – the jury would decide, rather than the judge. This may be a useful reform. It’s certainly worth discussing at least.
LETTER TO THE ATTORNEY GENERAL BELOW, ON BEHALF OF THE DISABILITY HATE CRIME NETWORK AND LEE IRVING’S FAMILY