Schedule 3 · Criminal Justice Act 1988

Contents

Schedule 3 · Reviews of Sentencing—Supplementary

(1)

(1)Notice of an application for leave to refer a case to the Court of Appeal under section 36 above shall be given within 28 days from the day on which the sentence, or the last of the sentences, in the case was passed ; but in England and Wales this is subject to sub-paragraphs (2) and (5).

(2)Where—

(a)the Attorney General receives a request to review the sentencing of a person, and

(b)the request is received in the last 14 days of the 28-day period mentioned in sub-paragraph (1),

notice of an application for leave to refer the case in question to the Court of Appeal under section 36 may be given within 14 days from the day on which the request is received.

(3)For the purposes of this Part, a certificate of the Attorney General as to the date on which a request to review the sentencing of a person was received is conclusive evidence of that fact.

(4)Where more than one request to review the sentencing of a person is received, references in sub-paragraphs (2) and (3) to a request are to the first request that is received.

(2)If the registrar of criminal appeals is given notice of a reference or application to the Court of Appeal under section 36 above, he shall—

(a)take all necessary steps for obtaining a hearing of the reference or application; and

(b)obtain and lay before the Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the reference or application.

(3)Rules of court may enable a person to whose sentencing such a reference or application relates to obtain from the registrar any documents or things, including copies or reproductions of documents, required for the reference or application and may authorise the registrar to make charges for them in accordance with scales and rates fixed from time to time by the Treasury.

(4)An application to the Court of Appeal for leave to refer a case to the Supreme Court under section 36(5) above shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review of the case; and an application to the Supreme Court for leave shall be made within the period of 14 days beginning with the date on which the Court of Appeal conclude their review or refuse leave to refer the case to the Supreme Court .

(5)The time during which a person whose case has been referred for review under section 36 above is in custody pending its review and pending any reference to the Supreme Court under subsection (5) of that section shall be reckoned as part of the term of any sentence to which he is for the time being subject.

(6)Except as provided by paragraphs 7 and 8 below, a person whose sentencing is the subject of a reference to the Court of Appeal under section 36 above shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.

(7)A person in custody shall not be entitled to be present—

(a) on an application by the Attorney General for leave to refer a case; or

(b)on any proceedings preliminary or incidental to a reference,

unless the Court of Appeal give him leave to be present.

(8)The power of the Court of Appeal to pass sentence on a person may be exercised although he is not present.

(9)A person whose sentencing is the subject of a reference to the Supreme Court under section 36(5) above and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any proceeding preliminary or incidental thereto except where an order of the Supreme Court authorises him to be present, or where the House or the Court of Appeal, as the case may be, give him leave to be present.

(10)The term of any sentence passed by the Court of Appeal or Supreme Court under section 36 above shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceeding in relation to which the reference was made.

(11)

(1)Where on a reference to the Court of Appeal under section 36 above or a reference to the the Supreme Court under subsection (5) of that section the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Court of Appeal or the Supreme Court , he shall be entitled ^note... to the payment out of central funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar of criminal appeals or, as the case may be, under Supreme Court Rules .

(2)Sub-paragraph (1) has effect subject to—

(a)sub-paragraph (3), and

(b)regulations under section 20(1A)(d) of the Prosecution of Offences Act 1985 (as applied by this paragraph).

(3)A person is not entitled under sub-paragraph (1) to the payment of sums in respect of legal costs (as defined in section 16A of the Prosecution of Offences Act 1985) incurred in proceedings in the Court of Appeal.

(4)Subsections (1A) to (1C) and (3) of section 20 of the Prosecution of Offences Act 1985 (regulations as to amounts ordered to be paid out of central funds) apply in relation to funds payable out of central funds under sub-paragraph (1) as they apply in relation to amounts payable out of central funds in pursuance of costs orders made under section 16 of that Act.

(12)In the application of this Schedule to Northern Ireland—

(a)any reference to the Attorney General shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland;

(b)any reference (except in paragraph 11(1)) to the registrar of criminal appeals shall be construed as a reference to the Master (Queen’s Bench and Appeals);

(c)the reference in paragraph 11(1) to central funds shall be construed as a reference to money provided by Parliament;

(d)the reference in paragraph 11(1) to the registrar of criminal appeals shall be construed as a reference to the Master (Taxing Office);

(da)paragraph 1 has effect as if sub-paragraphs (2) to (5) were omitted;

(e)paragraph 11 has effect as if sub-paragraphs (2) to (4) were omitted.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 42

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appeal
includes— a any proceedings by way of discharging or setting aside a judgment;
attendance
means attendance at the core elsewhere.”
attending
means attending at the court or elsewhere.”
attends
means attends at the court or elsewhere.”
devolved pardon
means—
domestic abuse
has the meaning given by section 1 of the Domestic Abuse Act 2021;
domestic premises
means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling);
drug trafficking offence
means any offence which is specified in—
enactment
includes an enactment contained in an Act passed after this Act;
engaged
means engaged under a contract of service or a contract for services.”
expert report
means a written report by a person dealing wholly or mainly with matters on which he is (or would if living be) qualified to give expert evidence.
external confiscation order
means an order made by a court in a designated country for the purpose of recovering payments or other rewards received in connection with drug trafficking or their value;
fine
includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
further education premises
means land used solely for the purposes of— (a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or (b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;
lawful authority, justification or excuse
means—
locker
means a lockable container to which the package was delivered with a view to its collection by the buyer, or a person acting on behalf of the buyer, in accordance with arrangements made between the seller and the buyer.
mental health legislation
means— (a) Part 3 of the Mental Health Act 1983, (b) Part 3 of the Mental Health (Northern Ireland) Order 1986, or (c) the provisions of any earlier enactment corresponding to Part 3 of that Act or Part 3 of that Order;
modifications
includes additions, omissions and amendments.
money laundering offence
means any offence which by virtue of section 415 of the Proceeds of Crime Act 2002 is a money laundering offence for the purposes of Part 8 of that Act.
museum or gallery
includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it.
offence triable either way
means an offence punishable on conviction on indictment or on summary conviction.
offence triable only on indictment
means an offence punishable only on conviction on indictment;
picture
includes a likeness however produced.”
police force
has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;
prison
includes— (a) a young offender institution, (b) a secure training centre, and (c) a secure college;
procedural instruments
means— • “Service courts” means—
protected information
means information the disclosure of which may be against the interests of national security.
public place
includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise;
relevant subordinate instrument
means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.
remanded in custody
has the meaning given by section 242(2) of the Criminal Justice Act 2003, but that subsection applies for the purposes of this section as if any reference there to a provision of the Mental Health Act 1983 included a reference to any corresponding provision of any earlier enactment.
reversed
has the same meaning as in section 133 of this Act.
school
has the meaning given by— (a) in relation to land in England and Wales, section 4 of the Education Act 1996;
school premises
means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school;
sentence
has the same meaning as in the Criminal Appeal Act 1968, except that it does not include an interim hospital order under Part III of the Mental Health Act 1983, and “sentencing” shall be construed accordingly.
Service courts
means—
subordinate instrument
includes an instrument made after the passing of this Act.
the relevant offence
means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
the relevant time
means— a where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above;
the specified period
has the same meaning as in section 60(1) above.”
video recording
has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;
visiting force
means any body, contingent or detachment of the forces of a country— which is present in the United Kingdom (including United Kingdom territorial waters) or in any place to which subsection (7) below applies on the invitation of Her Majesty’s Government in the United Kingdom.
witness statement
means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.