Alex Belfield and the appeal to increase his lenient sentence, my take.

A friend of the channel gave me the heads up to a guardian newspaper article.

We all know that Alex Belfield is seeking permission to apply for an appeal against his prison sentence.

We all know that judge sani made a an error in assuming that the maximum sentence for Belfield stalking offences was five years put under the policing and crime is act 2017 this carries a maximum penalty of 10 years imprisonment.

It may appear that Alex Belfield may have a positive effect on the courts of appeal process for on unduly lenient sentences.
Under the current regulations a victim only has 28 days in which to lodge an appeal against a lenient sentence. However this is not the case for the criminal, under special circumstances he may extend his appeal deadline greater than 28 days giving him an unfair advantage.

Claire Waxman London’s commissioner for victims has asked that Belfield case be reviewed within the 28 day deadline under the unduly lenient scheme and to have Alex Belfields sentence extended.

In reply Judge Tomlinson instead of activating the undue lenient scheme has referred the matter back to judge sani, Who said he was aware of the error was inclined not to interfere with the current sentence. These delays means that Waxmans appeal is outside of the statutory time limit for referral to the Court of Appeal.

Claire Waxman is a bit miffed about the rigidity of the 28 day appeal process for victims and is called for its reform and has asked for the 28 day limit to be extended in special circumstances same as the right of the offender.
Claire Waxman stated that this is a perfect example of such discretionary extensions to the appeal process should be made. Both the CPS and the judiciary system have clearly acknowledged a mistake in sentencing, Put following due process time has run out for an appeal.

Tomlinson stated that he understands that alex belfield is seeking to appeal his sentence and if he does so, my office will request that the CPS draws the sentencing error to the courts attention.

Original story is found here.
https://www.theguardian.com/uk-news/2022/nov/08/judge-in-error-over-sentence-for-jeremy-vine-stalker-alex-belfield-says-solicitor-general

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