Corporate report

Implementation of Statutory Instrument 2006 number 1116

This publication was published under the 2005 to 2010 Labour government

Home Office circular 13 / 2006 Implementation of Statutory Instrument 2006 number 1116 Broad subject: Justice Issue date: Tue May 16 …

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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
  • From:
    Office for Criminal Justice Reform (OCJR) - Criminal Case Management Better Trials Unit (BTU)
  • Linked circulars:

No linked circulars

  • 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
  • Addressed to:
    Chief Officers of Police, England and Wales The Registrar of Criminal Appeals Crown Court judges Chief Crown Prosecutors

Dear Sir/Madam,

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 It consolidates the previous four Orders, which are repealed.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).

Gillian Harrison
Head of Court Procedures Section

Attachments

The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006