The Criminal Appeal (Reviews of Sentencing) Rules 1989

Registrar’s notice to offender

5.—(1) The registrar shall, as soon as practicable after receiving the application, cause to be served on the offender a copy of it together with a notice which–

(a) informs him that the result of any reference could be that the Court would quash the sentence passed on him in the proceeding and in place of it pass such sentence as they thought appropriate for the case and as the court below had power to pass when dealing with him (including a greater punishment);

(b) informs him of the effect of paragraphs 6 (entitlement of offender to be present at hearing of reference, although he may be in custody), 7 (offender in custody requires leave of Court to be present at hearing of application), 8 (power of Court to pass sentence on offender who is not present) and 11 (entitlement of offender to reasonable costs out of central funds) of Schedule 3 to the Act;

(c) invites him, within such period as the registrar may specify (being not less than 14 days from the date of service on him of the notice), to serve notice on the registrar if he wishes–

(i) to apply to the Court for leave to be present under paragraph 7 of Schedule 3 to the Act;

(ii) to present any argument to the Court on the hearing of the application or, if leave is given, of the reference, and whether to present it in person or by counsel on his behalf;

(d) draws to his attention the effect of rule 9 below (supply of documentary and other exhibits); and

(e) advises him to consult a solicitor as to his position as soon as possible.

(2) The Court shall not hear argument by or on behalf of the Attorney General until the period specified by the registrar has expired unless the offender agrees or has indicated that he does not wish to present any argument to the Court.