2017 No. 1328
Criminal Law, England And Wales

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Order in exercise of the power conferred by section 35(4) of the Criminal Justice Act 19881.

Citation, commencement and extent1.

(1)

This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment No. 2) Order 2017 and comes into force on the 29th January 2018.

(2)

This Order extends to England and Wales.

Amendment of the Criminal Justice Act 1988 (Reviews of Sentencing) Order 20062.

(1)

Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (descriptions of cases to which Part 4 of the Criminal Justice Act 1988 is to apply)2 is amended as follows.

(2)

In paragraph 3A(1)—

(a)

after sub-paragraph (b), insert—

“(ba)

sections 193 (disclosure of information: duty), 21A4 (failure to disclose: regulated sector) or 21D5 (tipping off: regulated sector) of the 2000 Act;”

(b)

after sub-paragraph (c), insert—

“(ca)

section 39 of the 2000 Act6 (disclosure of information);”

(c)

after sub-paragraph (h), insert—

“(i)

section 54 of the Counter-Terrorism Act 20087 (offences relating to notification);

(j)

section 23 of the Terrorism Prevention and Investigation Measures Act 20118 (offence of contravening a TPIM notice);

(k)

section 10 of the Counter-Terrorism and Security Act 2015 (offences of contravening a Temporary Exclusion Order or not complying with a restriction after return).”.

(3)

After paragraph 3A(2), insert—

“(3)

Any case in which sentence is passed on a person for an offence under one of the following—

(a)

section 4 of the Aviation Security Act 19829 (offences in relation to certain dangerous articles);

(b)

section 114 of the Anti-Terrorism, Crime and Security Act 200110 (hoaxes involving noxious substances or things)
where the court has determined that the offence has a terrorist connection under section 30 of the Counter-Terrorism Act 200811 (sentences for offences with a terrorist connection: England and Wales).”.
Dominic Raab
Minister of State
Ministry of Justice
EXPLANATORY NOTE
(This note is not part of the Order)

This Order amends the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116) (“the 2006 Order”).

Schedule 1 to the 2006 Order describes cases to which Part 4 of the Criminal Justice Act 1988 (c. 33) is to apply. That Part allows the Attorney General, with leave from the Court of Appeal, to refer certain cases to the Court of Appeal where he considers that a sentence imposed in the Crown Court in that case was unduly lenient.

This Order adds specific, triable either-way, terrorism or terrorism connected offences to Schedule 1 to the 2006 Order.

No impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.