PART 41REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY LENIENT SENTENCING

Form of notice of reference and application for permission

41.3.—(1) A notice of reference and an application for permission to refer a sentencing case must give the year and number of that reference or that case.

(2) A notice of reference of a point of law must—

(a)specify the point of law in issue and indicate the opinion that the Attorney General invites the court to give;

(b)identify each ground for that invitation, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;

(c)exclude any reference to the defendant’s name and any other reference that may identify the defendant;

(d)summarise the relevant facts; and

(e)identify any relevant authorities.

(3) An application for permission to refer a sentencing case must—

(a)give details of—

(i)the defendant affected,

(ii)the date and place of the relevant Crown Court decision, and

(iii)the relevant verdict and sentencing;

(b)explain why that sentencing appears to the Attorney General unduly lenient, concisely outlining each argument in support; and

(c)include the application for permission to refer the case to the court.

(4) A notice of reference of a sentencing case must—

(a)include the same details and explanation as the application for permission to refer the case;

(b)summarise the relevant facts; and

(c)identify any relevant authorities.

(5) Where the court gives the Attorney General permission to refer a sentencing case, it may treat the application for permission as the notice of reference.