Home Office circular 13 / 2006
Implementation of Statutory Instrument 2006 number 1116
Broad subject: Justice
Issue date: Tue May 16 00:00:00 BST 2006
Office for Criminal Justice Reform (OCJR) - Criminal Case Management Better Trials Unit (BTU)
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Copies sent to:
Chief Officers of Police (England and Wales), Association of Chief Police Officers (England, Wales and Northern Ireland), Law Society, Bar Council, Crown Court Managers, The Director of Public Prosecutions
Sub category: Appeals
Implementation date: Tue May 16 00:00:00 BST 2006
For more info contact:
Guy Wilson - 020 7035 8490
Chief Officers of Police, England and Wales The Registrar of Criminal Appeals Crown Court judges Chief Crown Prosecutors
This circular tells you about Statutory Instrument 2006 number 1116, the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, which comes into force on 16 May 2006.
Part 4 of the Criminal Justice Act 1988 allows the Attorney General to refer certain cases to the Court of Appeal, with the permission of that Court, where he considers that a sentence imposed by the Crown Court was unduly lenient. The Court of Appeal can then, if it thinks fit, increase the sentence imposed by the Crown Court.
The Attorney General always has the power to refer a case to the Court of Appeal under these arrangements where the offence for which the sentence was imposed by the Crown Court is triable only on indictment. He also has the power to refer cases where sentence was imposed by the Crown Court for an either-way offence specified by Order. Four such Orders have previously been made.
The present Order extends the range of either-way offences subject to the scheme to include a number of either-way offences in the Sexual Offences Act 2003. It consolidates the previous four Orders, which are repealed. All either-way offences subject to the scheme are therefore listed in the present Order.
The present Order will apply to any sentence imposed by the Crown Court for an applicable offence on or after 16 May 2006. The present Order applies both to England and Wales and to Northern Ireland.
Enquiries about this circular should be addressed to Guy Wilson, Better Trials Unit, Office for Criminal Justice Reform, Ground Floor Fry Building, 2 Marsham Street, London SW1P 4DF (telephone 020 7035 8490).
Head of Court Procedures Section
The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006