The Criminal Justice Act 1988 (Reviews of Sentencing) Order 1994

Made: 24th January 1994

Laid before Parliament: 2nd February 1994

Coming into force: 1st March 1994

In exercise of the powers conferred on me by section 35(4) of the Criminal Justice Act 1988[^f00001], I hereby make the following Order:

1

This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 1994 and shall come into force on 1st March 1994.

2

Part IV of the Criminal Justice Act 1988 (reviews of sentencing) shall apply to any case in which sentence is passed on a person for any of the following offences:

• (i) offences under section 14 or section 15 of the Sexual Offences Act 1956[^f00002] (indecent assault on a woman or on a man);

• (ii) offences under section 16 of the Offences against the Person Act 1861[^f00003] (threats to kill);

• (iii) offences under section 1 of the Children and Young Persons Act 1933[^f00004] (cruelty to persons under 16);

• (iv) attempting to commit, or inciting the commission of, any of the offences described above.

3

This Order extends to England and Wales only.

Signed

Michael Howard — One of Her Majesty’s Principal Secretaries of State Home Office — 24th January 1994

Explanatory note

(This note is not part of the Order)

Part IV of the Criminal Justice Act 1988 allows the Attorney General to refer certain cases to the Court of Appeal, with the leave of that Court, where he considers that a sentence imposed in the Crown Court was unduly lenient. This Order extends the range of offences in respect of which that power may be exercised (at present offences triable only on indictment) to certain offences triable either way.

Footnotes

[^f00001]: 1988 c. 33.

[^f00002]: 4 & 5 Eliz.2 c.69; section 15 is amended by the Police and Criminal Evidence Act 1984 (c. 60), Sch. 7, Part V.

[^f00003]: 24 & 25 Vict. c.100; section 16 was substituted by the Criminal Law Act 1977 (c. 45), Sch. 12.

[^f00004]: 23 Geo.5 c.12; section 1 is amended by the Children and Young Persons Act 1963 (c. 37), Sch. 3, para. 1 and Sch. 5; the Criminal Law Act 1967 (c. 58) Sch. 3, Part III; the Children Act 1975 (c. 72), Sch. 4, Part III; the Magistrates' Courts Act 1980 (c. 43), s. 32(2); the Criminal Justice Act 1988 (c. 33), s. 45 and Sch. 16; the Children Act 1989 (c. 41), Sch. 12, para. 2 and Sch. 13, para. 2; and the National Assistance (Adaptation of Enactments) Regulations 1950, S.I. 1950/174.