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The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006
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Powers of the Court of Appeal on appeal
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23.—(1) Subject to paragraph (2), where on an appeal under section 74(8) of the Act the Court of Appeal determine to allow the appeal, they may—
(a)in a case where the Crown Court has substituted a sentence under section 74(5) or (6) of the Act vary that substituted sentence; or
(b)in a case where the Crown Court has not so substituted a sentence, vary the sentence to which the referral under section 74(3) of the Act relates.
(2) Subject to paragraph (3), the Court of Appeal must not exercise their powers under paragraph (1) so that the sentence imposed on the offender exceeds the sentence that the Crown Court would have passed but for the agreement to give assistance.
(3) If the offender falls within section 74(2)(c) of the Act and the Crown Court does not substitute a sentence under section 74(6), the Court of Appeal must not so exercise their powers under paragraph (1) that the offender is dealt with more severely than he was originally dealt with for the offence, the sentence for which the referral under section 74(3) of the Act relates.
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