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The Criminal Procedure Rules 2020
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Service of notice of reference and application for permission
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41.2.—(1) The Attorney General must serve any notice of reference and any application for permission to refer a sentencing case on—
(a)the Registrar; and
(b)the defendant.
(2) Where the Attorney General refers a point of law—
(a)the Attorney must give the Registrar details of—
(i)the defendant affected,
(ii)the date and place of the relevant Crown Court decision, and
(iii)the relevant verdict and sentencing; and
(b)the Attorney must give the defendant notice that—
(i)the outcome of the reference will not make any difference to the outcome of the trial, and
(ii)the defendant may serve a respondent’s notice.
(3) Where the Attorney General applies for permission to refer a sentencing case, the Attorney must give the defendant notice that—
(a)the outcome of the reference may make a difference to that sentencing, and in particular may result in a more severe sentence; and
(b)the defendant may serve a respondent’s notice.
(4) The Attorney General must serve an application for permission to refer a sentencing case on the Registrar not more than 28 days after the last of the sentences in that case.
[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 1988(1). It may be neither extended nor shortened.]
(1)
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