Statutory Instrument 1989 No. 19 (L. 1)

The Criminal Appeal (Reviews of Sentencing) Rules 1989

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© Crown Copyright 1989

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1989 No. 19 (L. 1)

SUPREME COURT OF ENGLAND AND WALES

The Criminal Appeal (Reviews of Sentencing) Rules 1989

We, the Crown Court Rule Committee, in exercise of the powers conferred on us by sections 84(1) and (2) and 86 of the Supreme Court Act 1981^[1] and paragraph 3 of Schedule 3 to the Criminal Justice Act 1988^[2], hereby make the following Rules:

Citation and commencement
    1.    These Rules may be cited as the Criminal Appeal (Reviews of Sentencing) Rules 1989 and shall come into force on 1st February 1989.

Interpretation
    2.    In these Rules-

"the Act" means the Criminal Justice Act 1988;

"application" means an application by the Attorney General to the Court for leave to make a reference;

"the Court" means the Criminal Division of the Court of Appeal;

"reference" means a reference under section 36 of the Act by the Attorney General of a case to the Court for them to review the sentencing of a person (in these Rules called "the offender") in a proceeding in the Crown Court;

"the registrar" means the registrar of criminal appeals.

Applications
    3.—(1)  Every application shall be in writing and shall-
 (a) specify-
 (i) the name of the offender;
 (ii) the date on which, and the offence of which, he was convicted;
 (iii) the sentence passed on him in respect of that offence;
 (iv) the date on which the sentence was passed (if later than the date under sub-paragraph (ii) above); and
 (v) the judge by whom, and the location of the Crown Court at which, the sentence was passed; and
 (b) state the reason why it appears to the Attorney General that the sentencing of the offender was unduly lenient.

    (2)  An application shall be entitled "Reference under section 36 of the Criminal Justice Act 1988" together with the year and number of the application and the name of the offender.

Notice of application
    4.    The sending of the application to the registrar shall constitute the giving of notice of the application for the purpose of paragraph 1 of Schedule 3 to the Act (notice to be given within 28 days of passing of sentence).

Registrar's notice to offender
    5.—(1)  The registrar shall, as soon as practicable after receiving the application, cause to be served on the offender a copy of it together with a notice which-
 (a) informs him that the result of any reference could be that the Court would quash the sentence passed on him in the proceeding and in place of it pass such sentence as they thought appropriate for the case and as the court below had power to pass when dealing with him (including a greater punishment);
 (b) informs him of the effect of paragraphs 6 (entitlement of offender to be present at hearing of reference, although he may be in custody), 7 (offender in custody requires leave of Court to be present at hearing of application), 8 (power of Court to pass sentence on offender who is not present) and 11 (entitlement of offender to reasonable costs out of central funds) of Schedule 3 to the Act;
 (c) invites him, within such period as the registrar may specify (being not less than 14 days from the date of service on him of the notice), to serve notice on the registrar if he wishes-
 (i) to apply to the Court for leave to be present under paragraph 7 of Schedule 3 to the Act;
 (ii) to present any argument to the Court on the hearing of the application or, if leave is given, of the reference, and whether to present it in person or by counsel on his behalf;
 (d) draws to his attention the effect of rule 9 below (supply of documentary and other exhibits); and
 (e) advises him to consult a solicitor as to his position as soon as possible.

    (2)  The Court shall not hear argument by or on behalf of the Attorney General until the period specified by the registrar has expired unless the offender agrees or has indicated that he does not wish to present any argument to the Court.

References
    6.—(1)  Every reference shall be in writing and shall-
 (a) contain the information required by paragraph (a) of rule 3(1) above to be specified in an application;
 (b) summarise the arguments intended to be put to the Court; and
 (c) specify the authorities intended to be cited.

    (2)  The reference shall bear the same title as the application.

    (3)  Subject to paragraph (4) below, the reference shall be sent on behalf of the Attorney General to the registrar, who shall, as soon as practicable after receiving it, cause to be served a copy of it on the offender.

    (4)  Where the Court give leave for a case to be referred to them and are satisfied that the document comprising the application also contains the material required by paragraph (1) above to be contained in a reference, the Court may order that the document be treated for the purpose of these Rules as the reference; and in that case paragraph (3) above shall not apply.

Withdrawal or amendment of application or reference
    7.    The Attorney General may withdraw or amend an application or reference at any time before the Court have begun the hearing of the application or reference as the case may be, or, after that, and until the Court have given their decision, may withdraw or amend the application or reference by leave of the court, and notice of such withdrawal or amendment shall be served on the registrar and on the offender on behalf of the Attorney General.

Registrar's power to require information from court of trial
    8.    The registrar may require the court of trial to furnish the Court with any assistance or information which they may require for the purpose of exercising their jurisdiction.

Supply of documentary and other exhibits
    9.—(1)  The registrar shall, on request, supply to the offender copies or reproductions of documents or other things required for the application or reference and in such case may make charges in accordance with scales and rates fixed from time to time by the Treasury.

    (2)  The registrar shall, on request, make arrangements for the offender to inspect any document or other thing required for the application or reference.

    (3)  This rule shall not apply to the supply of transcripts of any proceedings or part of proceedings.

Service of documents
    10.—(1)  For the purpose of these Rules service of a document on the offender may be effected-
 (a) in the case of a document to be served on a body corporate by delivering it to the secretary or clerk of the body at its registered or principal office or sending it by post addressed to the secretary or clerk of the body at that office; and
 (b) in the case of a document to be served on any other person-
 (i) by delivering it to the person to whom it is directed;
 (ii) by leaving it for him with some person at his last known or usual place of abode; or
 (iii) by sending it by post addressed to him at his last known or usual place of abode.

    (2)  For the purpose of these Rules service of a document on the registrar may be effected-
 (a) in the case of an offender who is in custody, by delivering it to the person having custody of him;
 (b) by delivering it to the registrar;
 (c) by addressing it to him and leaving it at his office in the Royal Courts of Justice, London WC2; or
 (d) by sending it by post addressed to him at the said office.

    (3)  A person having custody of an offender and to whom a document is delivered in pursuance of paragraph (2)(a) above shall endorse on it the date of delivery and cause it to be forwarded to the registrar.

Mackay of Clashfern, C.

Lane, C.J.

Stephen Brown, P.

Richard Rougier, J.

Douglas Brown

Richard Lowry

Michael McKenzie

M. J. Langton

David Jeffreys

Michael Kalisher

L. Naylor

S. T. Hammond

Dated 6th January 1989

These Rules make procedural provision for the Attorney General to exercise his power of referring to the Court of Appeal cases where it appears to him that the sentencing of an offender in the Crown Court for an offence triable on indictment only has been unduly lenient. Under Part IV of the Criminal Justice Act 1988 the Court of Appeal has power to review, and alter, the sentencing on any such reference.

Rule 3 of these Rules prescribes the content of an application by the Attorney General for leave to make a reference. Rules 4 and 5 relate to the giving of notice of the application. Under rule 5, the registrar of criminal appeals, on receipt of the Attorney General's application, shall send a copy of it to the offender and inform him of his position in respect of it.

Rule 6 prescribes the content of a reference to the Court of Appeal. Rule 7 concerns the withdrawal or amendment of applications and references, rule 8 the power of the registrar to require information from the court of trial, rule 9 the supply by the registrar, on payment of a fee, of documents required for the case, and rule 10 the service of documents under the Rules.

[1] 1981 c. 54. back

[2] 1988 c. 33. back