Rule 41.2 Service of notice of reference and application for permissionI1
England and Wales
The Attorney General must serve any notice of reference and any application for permission to refer a sentencing case on—
the Registrar; and
the defendant.
Where the Attorney General refers a point of law—
the Attorney must give the Registrar details of—
the defendant affected,
the date and place of the relevant Crown Court decision, and
the relevant verdict and sentencing; and
the Attorney must give the defendant notice that—
the outcome of the reference will not make any difference to the outcome of the trial, and
the defendant may serve a respondent’s notice.
Where the Attorney General applies for permission to refer a sentencing case, the Attorney must give the defendant notice that—
the outcome of the reference may make a difference to that sentencing, and in particular may result in a more severe sentence; and
the defendant may serve a respondent’s notice.
The Attorney General must serve an application for permission to refer a sentencing case on the Registrar not more than the later of—
28 days from the day on which the sentence, or the last of the sentences, in the case was passed; or
14 days from the day on which the Attorney General receives a request to review the sentencing of a defendant, where the request is received in the last 14 days of the 28-day period mentioned in sub-paragraph (a).
[Note. The time limit for serving an application for permission to refer a sentencing case is prescribed by paragraph 1 of Schedule 3 to the Criminal Justice Act 1988f1. It may be neither extended nor shortened F2by the court.]
Annotations
Textual amendments
- F1
Rule 41.2(4) substituted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 15(a)
- F2
Words in rule 41.2 Note inserted (5.10.2026) by The Criminal Procedure (Amendment) (No. 2) Rules 2026 (S.I. 2026/721), rules 2, 15(b)
Commencement
Footnotes
- f1