{
  "url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005-appeals-under-section-74-order-2006/note",
  "json_url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005-appeals-under-section-74-order-2006/note.json",
  "legislation": "uksi/2006/2135",
  "legislation_title": "The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006",
  "legislation_url": "https://openlegislation.uk/serious-organised-crime-and-police-act-2005-appeals-under-section-74-order-2006",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nParts 2 and 3 of this Order make provision corresponding to provision in the Criminal Appeal Act 1968, with modifications, for the purposes of appeals in England and Wales under section 74(8) of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”). Chapter 2 of Part 2 of the 2005 Act makes provision for the giving by offenders of assistance to prosecutors and those investigating offences. Under section 74 of the 2005 Act a specified prosecutor can refer an offender’s case to the Crown Court if the offender has offered further assistance, has offered assistance following sentence, or he has offered assistance, and as a consequence has received a discounted sentence, but has failed to provide it. In the latter situation, under section 74(5), if the Crown Court is satisfied that the person has knowingly failed to give assistance it may substitute such greater sentence (not exceeding that which it would have passed but for the agreement to provide assistance) as it thinks appropriate. In the first two situations, under section 74(6), the Crown Court may take account of the extent and nature of the assistance offered and substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.\nUnder section 74(8) the offender or a specified prosecutor can appeal to the Court of Appeal against a decision of the Crown Court on an application for review of a sentence under section 74. A specified prosecutor is defined in section 71(4) of the 2005 Act.\nPart 2 of the Order relates to appeals to the Court of Appeal in relation to England and Wales and Part 3 of the Order allows, and makes provision in relation to, appeals to the House of Lords from the Court of Appeal in relation to England and Wales. Article 4 makes provision for the powers of the Court of Appeal on appeal. If the Court of Appeal determine to allow the appeal, and if they think fit, they can vary the sentence imposed by the Crown Court. Articles 11 and 12 provide that certain powers of the Court of Appeal can be exercised by a single judge or the registrar of criminal appeals. Article 15 provides a right of appeal to the House of Lords. Under article 17(3), the House of Lords may exercise any powers of the Court of Appeal or may remit the case to that Court.\nParts 4, 5 and 6 of this Order make provision corresponding to provision in the Criminal Appeal Act (Northern Ireland) 1980, with modifications, for the purposes of appeals in Northern Ireland under section 74(8) of the 2005 Act.\nPart 4 relates to appeals to the Court of Appeal, in relation to Northern Ireland. Its provisions correspond to Part 2, with the addition of powers to grant legal aid (article 32) and award costs (article 33). Part 5 relates to appeals to the House of Lords from the Court of Appeal in relation to Northern Ireland. Its provisions correspond to Part 3 with the addition of powers to grant legal aid (article 42) and award costs (articles 43 and 44). Part 6 makes supplementary provision to Parts 4 and 5 relating to the interpretation of those Parts and the jurisdiction and composition of the Court of Appeal under those Parts.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2135/note",
    "retrieved_at": "2026-10-29T04:24:06.079659+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}