The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006

Explanatory Note

(This note is not part of the Order)

Part IV of the Criminal Justice Act 1988 (“the Act”) empowers the Attorney General to refer certain criminal cases to the Court of Appeal, with the leave of that Court, where he considers that the sentences imposed were unduly lenient. By virtue of section 35(3)(b)(i) of the Act, Part IV applies to offences which are triable on indictment only. The Secretary of State may by Order, made under section 35(4) of the Act, specify further cases to which Part IV is to apply. Article 2 of this Order provides that Part IV is to apply to the cases specified in Schedule 1.

Paragraph 1 of Schedule 1 specifies serious fraud cases which have been transferred to the Crown Court by way of a notice of transfer made under section 4 of the Criminal Justice Act 1987, and serious fraud cases in which proceedings were brought by way of a voluntary bill of indictment following dismissal of charges which were the subject of a notice of transfer.

Paragraph 2 of Schedule 1 specifies cases in which a sentence has been passed for one of the miscellaneous offences listed. Paragraph 3 of Schedule 1 specifies cases in which a sentence has been passed for one of the offences listed, all of which are offences under the Sexual Offences Act 2003.

Paragraph 4 of Schedule 1 specifies cases in which a sentence has been passed for attempting to commit or inciting the commission of any of the offences listed in paragraphs 2 and 3 other than those at paragraph 2(i).

This Order revokes the Orders set out in Schedule 2 and consolidates their contents. It also adds further offences to those which Part IV applies, the majority of which derive from the Sexual Offences Act 2003.

This Order applies to England, Wales and Northern Ireland.