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Criminal Justice Act 1988

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36 Reviews of sentencing.E+W+N.I.

(1)If it appears to the Attorney General—

(a)that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and

(b)that the case is one to which this Part of this Act applies,

he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—

(i)quash any sentence passed on him in the proceeding; and

(ii)in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.

(2)Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge

[F1(a)erred in law as to his powers of sentencing; or

(b)failed to impose a sentence required by—

[F2(zi)section [F31(2B) or] 1A(5) of the Prevention of Crime Act 1953;]

(i)section 51A(2) of the Firearms Act 1968;

[F4(ia)section [F5139(6B), 139A(5B) or] 139AA(7) of this Act;]

(ii) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000; F6 . . .

(iii)[F7section[F8224A,] 225(2) or 226(2)] of the Criminal Justice Act 2003.]

[F9or

(iv)under section 29(4) or (6) of the Violent Crime Reduction Act 2006.]

.

(3)For the purposes of this Part of this Act any two or more sentences are to be treated as passed in the same proceeding if they would be so treated for the purposes of section [F1011] of the Criminal Appeal Act 1968.

[F11(3A)Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.]

(4)No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to, a reference under this section of a sentence passed by himself.

(5)Where the Court of Appeal have concluded their review of a case referred to them under this section the Attorney General or the person to whose sentencing the reference relates may refer a point of law involved in any sentence passed on that person in the proceeding to [F12the Supreme Court for its opinion] , and [F13the Supreme Court shall consider the point and give its opinion] on it accordingly, and either remit the case to the Court of Appeal to be dealt with or [F14itself deal with the case.]

(6)A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or [F15the Supreme Court] ; and leave shall not be granted unless it is certified by the Court of Appeal that the point of law is of general public importance and it appears to the Court of Appeal or [F15the Supreme Court] (as the case may be) that the point is one which ought to be considered by [F15the Supreme Court] .

(7)For the purpose of dealing with a case under this section the [F16Supreme Court] may exercise any powers of the Court of Appeal.

(8)The supplementary provisions contained in Schedule 3 to this Act shall have effect.

(9)In the application of this section to Northern Ireland—

(a)any reference to the Attorney General shall be construed as a reference to the [F17Director of Public Prosecutions for Northern Ireland ];

[F18(aa)the reference to section 51A(2) of the Firearms Act 1968 shall be construed as a reference to Article 70(2) of the Firearms (Northern Ireland) Order 2004;

(ab) the reference to section 29(4) or (6) of the Violent Crime Reduction Act 2006 shall be construed as a reference to paragraph 2(4) or (5) of Schedule 2 to that Act; F19 . . . ]

[F20(ac)the reference to any of sections 225 to 229 of the Criminal Justice Act 2003 shall be construed as a reference to either of Articles 13 and 14 of the Criminal Justice (Northern Ireland) Order 2008.]

(b)the references to sections [F2111 and 35(1)] of the M1Criminal Appeal Act 1968 shall be construed as references to sections 10(2) and 33(1) of the M2Criminal Appeal (Northern Ireland) Act 1980, respectively.[F22, [F23and]

(c)the reference in subsection (3A) to an order specified in subsection (3B) shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001.]

[F24and

(d)subsection (2)(b) shall be read as if it included a reference to a sentence required by section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 36(2)(a)(b) substituted (4.4.2005) for words in s. 36(2) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 Pt. 1 para. 46; S.I. 2005/950, art. 2(1), Sch. 1 para. 23, 42(21) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F9S. 36(2)(b)(iv) and preceding word inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 49, 66(4)-(8), Sch. 1 para. 3(2); S.I. 2007/858, art. 2(g)

F11S. 36(3A) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 272(1), 336(1)(12)

F17Words in s. 36(9)(a) substituted (with application in accordance with s. 41(1) of the amending Act) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 41(5), 87(1); S.R. 2010/113, art. 2, Sch. para. 12

F20S. 36(9)(ac) inserted (N.I.) (15.5.2008) by The Criminal Justice (Northern Ireland) Order S.I. 2008/1216 (N.I. 1), arts. 1, 102, Sch. 5 para. 6; S.R. 2008/217, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

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