C1C2C3Part IV Reviews of Sentencing

Annotations:
Modifications etc. (not altering text)
C1

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 IV (ss. 35-36) applied (E.W.)(1.3.1994) by S.I. 1994/119, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

C2

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 IV (ss. 35-36) applied (E.W.) (8.2.1995) by S. I. 1995/10, art.2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)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 IV (ss. 34-36) applied (21.8.2000) by S.I. 2000/1924, art. 2 (which Order was revoked (16.5.2006) by S.I. 2006/1116, art. 3, Sch. 2)

35 Scope of Part IV.

1

A case to which this Part of this Act applies may be referred to the Court of Appeal under section 36 below.

2

Subject to Rules of Court, the jurisdiction of the Court of Appeal under section 36 below shall be exercised by the criminal division of the Court, and references to the Court of Appeal in this Part of this Act shall be construed as references to that division.

3

This Part of this Act applies to any case F1—

a

of a description specified in an order under this section; or

b

in which sentence is passed on a person—

i

for an offence triable only on indictment; or

ii

for an offence of a description specified in an order under this section

4

The Secretary of State may by order made by statutory instrument provide that this Part of this Act shall apply to any case F2of a description specified in the order or to any casein which sentence is passed on a person for an offence triable either way of a description specified in the order.

5

A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this Part of this Act “sentence” has the same meaning as in the M1Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the M2Mental Health Act 1983, and “sentencing” shall be construed accordingly.

7

In its application to Northern Ireland, this section shall have effect subject to the modifications set out in subsections (8) to (11).

8

Subsection (2) shall be omitted.

9

In this section—

  • “offence triable only on indictment” means an offence punishable only on conviction on indictment;

  • “offence triable either way” means an offence punishable on conviction on indictment or on summary conviction.

10

For subsection (5) there shall be substituted—

5

An order under subsection (4) above shall be a statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not a statutory instrument), and any such statutory rule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument, and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

11

The references in subsection (6) to the M3Criminal Appeal Act 1968 and Part III of the M4Mental Health Act 1983 shall be respectively construed as references to Part I of the M5Criminal Appeal (Northern Ireland) Act 1980 and Part III of the M6Mental Health (Northern Ireland) Order 1986.