Power to vary determination of appeal against sentence
39.12.—(1) This rule applies where the court decides an appeal affecting sentence in a party’s absence.
(2) The court may vary such a decision if it did not take account of something relevant because that party was absent.
(3) A party who wants the court to vary such a decision must—
(a)apply in writing, with reasons;
(b)serve the application on the Registrar not more than 7 days after—
(i)the decision, if that party was represented at the appeal hearing, or
(ii)the Registrar serves the decision, if that party was not represented at that hearing.
[Note. Section 22(3) of the Criminal Appeal Act 1968 allows the court to sentence in an appellant’s absence. There are corresponding provisions in the Criminal Justice Act 2003 (Mandatory Life Sentences: Appeals in Transitional Cases) Order 2005 and in the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006.]