Criminal Justice and Immigration Act 2008

Review of sentence on reference by Attorney GeneralE+W

28E+WIn section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—

(7)Where a reference under subsection (1) relates to a case in which the Court Martial made an order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.

(7A)The orders specified in this subsection are—

(a)an order under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence);

(b)an order under section 82A(2) of the Sentencing Act (determination of minimum term in relation to discretionary life sentences and certain other sentences).

Commencement Information

I1Sch. 25 para. 28 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)