Rule 41.1 When this Part appliesI1

England and Wales

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 1972^f1; or

(b)

refer a sentencing case to the Court of Appeal under section 36 of the Criminal Justice Act 1988^f2.

[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 Act^f3 and the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006^f4.

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

Annotations

Commencement

I1: Rule 41.1 in force at 6.10.2025, see Preamble

Footnotes

f1: 1972 c. 71; section 36 was amended by section 31 of, and paragraph 8 of Schedule 1 to, the Prosecution of Offences Act 1985 (c. 23) and section 40 of, and paragraph 23 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4).
f2: 1988 c. 33; section 36 was amended by sections 272, 304, 331 and 336 of, and paragraph 46 of Schedule 32 and paragraph 96 of Schedule 36 to, the Criminal Justice Act 2003 (c. 44), sections 40 and 148 of, and paragraph 48 of Schedule 9 to, the Constitutional Reform Act 2005 (c. 4), section 46 of the Criminal Justice and Immigration Act 2008 (c. 4) and section 416 of, and paragraph 89 of Schedule 24 to, the Sentencing Act 2020 (c. 17).
f3: 1988 c. 33; section 35(3) was amended by section 168 of, and paragraph 34 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c. 33).
f4: S.I. 2006/1116.