The Criminal Appeal (Reviews of Sentencing) Rules 1989

Explanatory Note

(This note is not part of the Rules)

These Rules make procedural provision for the Attorney General to exercise his power of referring to the Court of Appeal cases where it appears to him that the sentencing of an offender in the Crown Court for an offence triable on indictment only has been unduly lenient. Under Part IV of the Criminal Justice Act 1988 the Court of Appeal has power to review, and alter, the sentencing on any such reference.

Rule 3 of these Rules prescribes the content of an application by the Attorney General for leave to make a reference. Rules 4 and 5 relate to the giving of notice of the application. Under rule 5, the registrar of criminal appeals, on receipt of the Attorney General’s application, shall send a copy of it to the offender and inform him of his position in respect of it.

Rule 6 prescribes the content of a reference to the Court of Appeal. Rule 7 concerns the withdrawal or amendment of applications and references, rule 8 the power of the registrar to require information from the court of trial, rule 9 the supply by the registrar, on payment of a fee, of documents required for the case, and rule 10 the service of documents under the Rules.