PART 41REFERENCE TO THE COURT OF APPEAL OF POINT OF LAW OR UNDULY LENIENT SENTENCING

When this Part applies41.1

This Part applies where the Attorney General wants to—

a

refer a point of law to the Court of Appeal under section 36 of the Criminal Justice Act 1972937; or

b

refer a sentencing case to the Court of Appeal under section 36 of the Criminal Justice Act 1988938.

[Note. Under section 36 of the Criminal Justice Act 1972, where a defendant is acquitted in the Crown Court the Attorney General may refer to the Court of Appeal a point of law in the case.

Under section 36 of the Criminal Justice Act 1988, if the Attorney General thinks the sentencing of a defendant in the Crown Court is unduly lenient he may refer the case to the Court of Appeal: but only if the sentence is one to which Part IV of the 1988 Act applies, and only if the Court of Appeal gives permission. See also section 35 of the 1988 Act939 and the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006940.

The rules in Part 36 (Appeal to the Court of Appeal: general rules) also apply where this Part applies.]