The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2012

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”). The 2006 Order describes cases to which Part 4 of the Criminal Justice Act 1988 (c. 33) is to apply. That Part empowers the Attorney General to refer certain cases to the Court of Appeal, where the Attorney considers that the sentencing in that case has been unduly lenient.

This Order adds to the 2006 Order cases tried on indictment following the giving of a notice by a designated authority under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases). It also adds to the 2006 Order offences involving trafficking people for exploitation under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (“the 2004 Act”).

This Order substitutes paragraph 4 of Schedule 1 to the 2006 Order. Paragraph 4 currently specifies any case in which sentence is passed on a person for attempting to commit or inciting the commission of particular offences listed in the 2006 Order. The new paragraph 4 extends that provision to include the offences of encouraging or assisting under section 44 or 45 of the Serious Crime Act 2007 (c. 27). It also adds to the list of particular offences to include an offence under section 4 of the 2004 Act.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.