Explanatory note

This Order amends the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116) (“the 2006 Order”).

Part 4 of the Criminal Justice Act 1988 (c.33) (“the 1988 Act”) empowers the Attorney General, with leave, to refer a case to the Court of Appeal where the Attorney General considers that the sentence in that case was unduly lenient. Paragraphs 2 and 3 of Schedule 1 to the 2006 Order set out a list of offences, the sentences for which are capable of being referred to the Court of Appeal under Part 4 of the 1988 Act.

This Order adds to that list the following offences from the Sexual Offences Act 2003; the abuse of position of trust offences set out in sections 16 to 19, the offence of inciting a child family member to engage in sexual activity under section 26, and the offences against persons with a mental disorder impeding choice set out in sections 30 to 33. The Order also adds offences concerning indecent photographs of a child under section 160 of the Criminal Justice Act 1988 and section 1 of the Protection of Children Act 1978, offences of putting people in fear of violence and stalking involving fear of violence or serious alarm or distress under sections 4 and 4A of the Protection from Harassment Act 1997, and the offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the Serious Crime Act 2015.

This Order clarifies that the offences listed in paragraph (2)(i) do not include the offence under section 31(c) of the Crime and Disorder Act 1998.

This Order also amends paragraph 4 of Schedule 1 to the 2006 Order to ensure that the power to refer a case under Part 4 of the 1998 Act applies also to attempts, incitement and encouraging or assisting in relation to new offences added into paragraph 2, and to the modern slavery offence already set out in sub-paragraph 2(l).

No impact assessment has been produced for this instrument as no impact on the private or voluntary sectors is foreseen.