Part 12

Sentencing
Chapter 7

Effect of life sentence

Review of minimum term on a reference by Attorney General
272
1
In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—
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.
.
2
Each of the following sections (which relate to the review by the Courts-Martial Appeal Court of sentences passed by courts-martial)—
a
section 113C of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
b
section 113C of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), and
c
section 71AC of the Naval Discipline Act 1957 (c. 53),
is amended as follows.
3
After subsection (3) there is inserted—
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 Courts-Martial Appeal Court 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.
.