Rule 41.3 Form of notice of reference and application for permissionI1
England and Wales
A notice of reference and an application for permission to refer a sentencing case must give the year and number of that reference or that case.
A notice of reference of a point of law must—
specify the point of law in issue and indicate the opinion that the Attorney General invites the court to give;
identify each ground for that invitation, numbering them consecutively (if there is more than one) and concisely outlining each argument in support;
exclude any reference to the defendant’s name and any other reference that may identify the defendant;
summarise the relevant facts; and
identify any relevant authorities.
An application for permission to refer a sentencing case must—
give details of—
the defendant affected,
the date and place of the relevant Crown Court decision, and
the relevant verdict and sentencing;
explain why that sentencing appears to the Attorney General unduly lenient, concisely outlining each argument in support; and
include the application for permission to refer the case to the court.
A notice of reference of a sentencing case must—
include the same details and explanation as the application for permission to refer the case;
summarise the relevant facts; and
identify any relevant authorities.
Where the court gives the Attorney General permission to refer a sentencing case, it may treat the application for permission as the notice of reference.
A notice of reference must include or attach—
an electronic link to each material document that has been made available to the Registrar under rule 36.8(1)(a) (Duty of Crown Court officer); and
unless an authority identified under paragraph (2)(e) or 4(c) is published by the Registrar as one frequently cited—
an electronic copy of each authority so identified, or
if two or more such authorities not so published are identified then electronic copies of each together in a single electronic document.