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Paragraph 1 C1C2C3

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(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 F2; but in England and Wales this is subject to sub-paragraphs (2) and (5).

F3(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.

Annotations

Textual amendments

F1

Sch. 3 para. 1 renumbered as para. 1(1) (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 13(2)(a), 18(2)

F2

Words in Sch. 3 para. 1(1) inserted (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 13(2)(b), 18(2)

F3

Sch. 3 para. 1(2)-(4) inserted (29.6.2026) by Victims and Courts Act 2026 (c. 19), ss. 13(2)(c), 18(2)

Modifications

C1

Sch. 3 para. 1 modified (25.8.2000) by 2000 c. 6, ss. 155(6)(b)(8), 168(1), Sch. 10 paras. 11, 19

Sch. 3 para. 1 modified (E.W) (24.3.2003) by 2002 c. 29, ss. 15(5)(b), 458(1)

Sch. 3 para. 1 modified (N.I.) (24.3.2003) by 2002 c. 29, ss. 165(5)(b), 458(1)

C2

Sch. 3 para. 1 modified (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 2 para. 3(2)(b)

C3

Sch. 3 para. 1 modified (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 385(6)(b), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2