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What is the unduly lenient sentence scheme? The Henry Nowak case explained

Explains the UK's unduly lenient sentence scheme using the Henry Nowak murder case as an example.

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What is the unduly lenient sentence scheme? The Henry Nowak case explained

The sentence of Vickrum Digwa, who murdered 18-year-old Henry Nowak in Southampton, has been referred to the Court of Appeal under a little-known legal mechanism that allows anyone to challenge a crown court sentence they believe is too soft.

Digwa, 23, was jailed for life with a minimum term of 21 years for stabbing Nowak five times with a 21cm ceremonial sword in December 2025. But the Solicitor General, Ellie Reeves, has now referred the case to the Court of Appeal under the Unduly Lenient Sentence scheme, saying the case “horrified me”. The scheme lets the public ask the Attorney General’s office to review certain crown court sentences; if the office decides the sentence may be too lenient, it can send it to the Court of Appeal for a decision.

Explains the UK's unduly lenient sentence scheme using the Henry Nowak murder case as an example.

This legal process has existed for decades, but it often comes to public attention only in high-profile cases. Under the scheme, anyone can submit a request within 28 days of sentencing. The Attorney General’s office then decides whether the sentence is “unduly lenient” – a legal test meaning it falls outside the range a reasonable judge could impose. If referred, the Court of Appeal can increase the sentence or leave it unchanged. In Digwa's case, the 21-year minimum term is being challenged. The court will now decide whether to increase it.

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Why does this matter for UK readers? The scheme is a check on judicial discretion, ensuring sentences are not significantly below what the law expects. Cases like Henry Nowak’s show how the process works in practice: after widespread public outcry, the government stepped in. The case also raises questions about police conduct, as bodycam footage showed officers handcuffing Nowak while he pleaded he had been stabbed, after Digwa falsely claimed Nowak had racially abused him. The Independent Office for Police Conduct (IOPC) is investigating Hampshire Police’s response, with a report expected within three months.

Q: How do I ask for a sentence to be reviewed under the unduly lenient sentence scheme? You can submit a request online via the government website within 28 days of the sentencing at crown court. You must provide your name, the defendant’s name, the court and date, and explain why you think the sentence is too lenient. The Attorney General’s office then decides whether to refer it to the Court of Appeal.

Q: Can any sentence be reviewed under the unduly lenient scheme? No. Only certain serious offences tried in crown court are eligible, including murder, manslaughter, rape, robbery, and some firearms and drug offences. The scheme does not apply to magistrates’ court sentences. The full list is in the Criminal Justice Act 1988.

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Q: What happens if the Court of Appeal decides a sentence is unduly lenient? The court can quash the original sentence and impose a new, more severe one. It could increase the minimum term in a life sentence or extend a fixed-term sentence. The decision is final, subject to further appeal only on a point of law.

What happens next? The Court of Appeal will hear Digwa’s case and decide whether his 21-year minimum term should be increased. Separately, the IOPC investigation into Hampshire Police’s actions is due within three months. Home Secretary Shabana Mahmood said she expects the report in that timeframe. The outcome of the appeal could set a precedent for how the scheme is used in future controversial cases.

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