The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003

Statutory Instruments

2003 No. 2267

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003

Made

5th September 2003

Laid before Parliament

11th September 2003

Coming into force

13th October 2003

In exercise of the powers conferred on me by section 35(4) of the Criminal Justice Act 1988(1), I hereby make the following Order:

1.—(1) This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003 and shall come into force on 13th October 2003.

(2) This Order extends to England and Wales only.

2.  Part IV of the Criminal Justice Act 1988 shall apply to any case in which sentence is passed on a person for any offence under sections 29 to 32 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc) of the Crime and Disorder Act 1998(2).

David Blunkett

One of Her Majesty’s Principal Secretaries of State

Home Office

5th September 2003

Explanatory Note

(This note is not part of the Order)

Part IV of the Criminal Justice Act 1988 allows the Attorney General to refer certain cases to the Court of Appeal, with the leave of that Court, where he considers that a sentence imposed in the Crown Court was unduly lenient. This Order extends the range of offences triable either way in respect of which that power may be exercised.

(1)

1988 c. 33; section 35(4) was amended by the Criminal Justice and Public Order Act 1994 (c. 33), Schedule 9, paragrapg 34.

(2)

1998 c. 37; sections 29 to 32 were amended by section 39(1), (5) and (6) of the Anti-terrorism, Crime and Security Act 2001 (c. 24).