Lord Hermer KC, former attorney-general, has come under criticism over his handling of an inaccurate Crown Prosecution Service (CPS) media statement regarding the sentencing of defendants in the Fordingbridge rape case. The controversy centers on a CPS press release issued before Hermer successfully argued that the original sentences handed to the offenders were too lenient.

Last week, three senior judges, led by Baroness Carr of Walton-on-the-Hill, the lady chief justice, highlighted two factual errors in the CPS statement concerning the rape of two girls aged 14 and 15. The inaccuracies had been widely reported in the media. The ruling pointed out Hermer’s failure to publicly correct these errors, emphasizing that public officials—particularly someone in the role of attorney-general—must ensure that communications about sensitive cases are both fair and accurate, especially when referencing public concern over the gravity of the offending.

Lord Garnier KC, a former Conservative solicitor-general, described Hermer’s response as “too weak and naive.” Garnier suggested that Hermer’s intervention in seeking tougher sentences—under the unduly lenient sentence scheme—was influenced by political considerations. He claimed that Sir Keir Starmer, the Labour leader, was facing political pressure due to the expected success of Andy Burnham in the Makerfield by-election, implying that Hermer acted mainly to support Starmer’s position as prime minister. Garnier also criticized Hermer for not adequately managing the CPS press release, which led to his rebuke by the judiciary.

Nick Timothy MP, shadow justice secretary, echoed these concerns, arguing that Hermer’s handling of the case exposed broader issues regarding his suitability for the attorney-general role following Labour’s victory in the 2024 general election. Timothy noted that Hermer’s appointment was perceived as stemming from a longstanding friendship with Starmer rather than merit. He described it as “utterly damning” that Labour considered Hermer fit for the position.

In response, a spokesperson for Lord Hermer defended his actions, noting that the two convicted offenders ultimately received significantly longer custodial sentences following his decision to intervene. The spokesperson highlighted that the lady chief justice had acknowledged Hermer’s proper use of his powers. They also emphasized Hermer’s strong support for judicial independence and his intolerance of threats to judges. The spokesperson pointed out that the CPS had accepted responsibility for the inaccuracies in its original press release and that, once Hermer was made aware of the errors, he sought assurances about measures to prevent similar mistakes in the future.

A CPS spokeswoman confirmed that the initial press release reflected the prosecution’s case but inaccurately represented the judge’s findings concerning the offending. She stated that the CPS amended the release later to correct the errors and expressed regret over the mistake.