C3C4C5C6C7C8C9 Part IV Reviews of Sentencing

Annotations:
Modifications etc. (not altering text)
C3

Pt. IV (ss. 35-36) applied (E.W.)(1.3.1994) by S.I. 1994/119, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

C4

Pt. IV (ss. 35-36) applied (E.W.) (8.2.1995) by S. I. 1995/10, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

Pt. IV (ss. 34-36) applied (8.4.1996) by S.R. 1996/40, art. 2

Pt. IV (ss. 34-36) applied (21.8.2000) by S.I. 2000/1924, art. 2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

C1C236 Reviews of sentencing.

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

F1a

erred in law as to his powers of sentencing; or

F13b

failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.

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 F211 of the Criminal Appeal Act 1968.

C11F33A

Where a reference under this section relates to F14a minimum term order made under section 321 of the Sentencing CodeF16..., 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 F4the Supreme Court for its opinion , and F5the 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 F6itself deal with the case.

6

A reference under subsection (5) above shall be made only with the leave of the Court of Appeal or F7the 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 F7the Supreme Court (as the case may be) that the point is one which ought to be considered by F7the Supreme Court .

7

For the purpose of dealing with a case under this section the F8Supreme 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 F11Director of Public Prosecutions for Northern Ireland ;

F15aa

subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted

impose a sentence required by—

i

Article 70(2) of the Firearms (Northern Ireland) Order 2004,

ii

paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,

iii

Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or

iv

section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

b

the references to sections F911 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.F10, F12and

c

the reference in subsection (3A) to F17a minimum term order made under section 321 of the Sentencing Code shall be construed as a reference to an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001F18...

F18C10d

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