36 Reviews of sentencing
Criminal Justice Act 1988 (1988 c 33) | Legislation

36  Reviews of sentencing

(1)     If it appears to the Attorney General—

(a)     that the sentencing of a person in a proceeding in the Crown Court has been unduly lenient; and

(b)     that the case is one to which this Part of this Act applies,

he may, with the leave of the Court of Appeal, refer the case to them for them to review the sentencing of that person; and on such a reference the Court of Appeal may—

(i)     quash any sentence passed on him in the proceeding; and

(ii)     in place of it pass such sentence as they think appropriate for the case and as the court below had power to pass when dealing with him.

(2)     Without prejudice to the generality of subsection (1) above, the condition specified in paragraph (a) of that subsection may be satisfied if it appears to the Attorney General that the judge

[(a)     erred in law as to his powers of sentencing; or]

[(b)     failed to comply with

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