FOURTH GROUP OF PARTSFurther powers relating to sentencing
PART 11Behaviour orders
F1CHAPTER 1ASerious violence reduction orders
342IAppeal against serious violence reduction order etc
1
An appeal against the making of a serious violence reduction order may be brought by the offender as if the order were a sentence passed on the offender for an offence.
2
Where an application is made under section 342H for an order varying, renewing or discharging a serious violence reduction order—
a
the person who made the application may appeal against a refusal to make an order under that section;
b
the offender may appeal against the making of an order under that section which was made on the application of a chief officer of police or the chief constable of the British Transport Police Force;
c
a chief officer of police within subsection (2) of that section may appeal against the making of an order under that section which was made on the application of the offender;
d
where the offence on the basis of which the serious violence reduction order was made is an offence to which this paragraph applies, the chief constable of the British Transport Police Force may appeal against the making of an order under that section which was made on the application of the offender.
3
Paragraph (d) of subsection (2) applies to an offence which—
a
was committed at, or in relation to, a place within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (jurisdiction of British Transport Police Force), or
b
otherwise related to a railway within the meaning given by section 67 of the Transport and Works Act 1992 or a tramway within the meaning given by that section.
4
An appeal under subsection (2)—
a
is to be made to the Court of Appeal if the application under section 342H was made to the Crown Court;
b
is to be made to the Crown Court in any other case.
5
On an appeal under subsection (2) to the Crown Court, the court may make—
a
such orders as may be necessary to give effect to its determination of the appeal, and
b
such incidental and consequential orders as appear to it to be appropriate.
Pt. 11 Ch. 1A inserted (28.4.2022 for specified purposes, 19.4.2023 for the specified purpose and for the specified period of 24 months beginning with that date) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 165(1), 166, 208(4)(u); S.I. 2023/387, regs. 1, 5(1)(a)(2) (with regs. 6-8)