What is the Unduly Lenient Sentence scheme and what can the Court of Appeal do?

Under the scheme, any person or institution can ask for any sentence handed down in a crown court to be reviewed.

The main entrance to the Royal Courts of Justice in central London (Nick Ansell/PA) (PA Archive)

The Court of Appeal will on Thursday consider whether to change the sentence of the two 13-year-old killers of Shawn Seesahai, who became Britain’s youngest knife murderers when they were convicted at Nottingham Crown Court earlier this year.

The two boys, known only as BGI and CMB for legal reasons, were aged 12 at the time of the murder and are believed to be the youngest defendants convicted of the crime in the UK since Robert Thompson and Jon Venables, both aged 11, were found guilty in 1993 of killing two-year-old James Bulger.

The Solicitor General has referred their sentences to the Court of Appeal under the Unduly Lenient Sentence scheme (ULS), with the cases set to be considered by Lord Justice William Davis, Mr Justice Bennathan and Judge Nicholas Dean KC from 10.30am at the Royal Courts of Justice.

Here, the PA news agency sets out how the scheme works and the options available to judges considering the case.

– What happened to Shawn Seesahai?

Anguilla-born Mr Seesahai, 19, was fatally attacked by the boys on Stowlawn playing fields, Wolverhampton, on November 13 last year.

He died at the scene after being stabbed through the heart and lungs with a machete, with one of his wounds measuring 23cm deep, almost passing through his body.

In a victim impact statement read to the sentencing hearing, the family of Mr Seesahai, who was living in Birmingham, said they are haunted by thoughts of how scared he must have been when he was killed.

They also described his murder as tragic, unexpected and senseless, and having been committed “for no reason at all”.

– What is the Unduly Lenient Sentence scheme?

The Unduly Lenient Sentence scheme allows sentences to be referred to the Court of Appeal if the Attorney General’s Office (AGO) considers them potentially “unduly lenient”.

Under the scheme, any person or institution can ask for any sentence handed down in a crown court to be reviewed.

The AGO has 28 days from the sentencing date to consider the request and, if deemed necessary, refer the sentence to the Court of Appeal.

The test for whether a case is referred is high. The sentence can only be deemed “unduly lenient” if it falls outside the range of sentences considered reasonably appropriate for the sentencing judge to hand down, based on the facts and evidence of the case.

– What sentence was given to the boys?

The boys were both sentenced at Nottingham Crown Court in September to life with a minimum term of eight-and-a-half years.

In her sentencing remarks, Mrs Justice Tipples said the boys “acted together to kill Shawn” and were “jointly responsible for his death”.

She said the killing was “horrific and shocking” and that Mr Seesahai “did not deserve to die”.

But she said she also needed to take into account the boys’ “emotional maturity” and other factors connected to their age and upbringing.

– What could happen at the Court of Appeal?

Cases are usually heard by three senior judges.

They cannot examine or change the offences for which the defendants were sentenced or look at any new evidence related to the case.

Instead, they can only assess whether a sentence was unduly lenient based on the evidence before the sentencing judge at the time.

Barristers for the Solicitor General will tell the court that the sentences were “unduly lenient” and should be increased.

If judges agree that the sentence is unduly lenient, it will be quashed and a new sentence substituted in its place.

However, the court could dismiss the bid, meaning the sentences will remain the same.