Appeals from the County and Supreme Courts Offenders sentenced in the County Court or in the Trial Division of the Supreme Court can apply to the Court of Appeal for leave (permission) to appeal a sentence. Offenders can choose to have their application determined ‘on the papers’ (where a single judge considers the written application for leave to appeal and responds to the applicant in writing) or to appear in court to make the application. A single judge of the Court of Appeal normally hears this application. The judge may refuse the application if he or she finds there is no reasonable prospect of the Court of Appeal imposing a less severe sentence than the original sentence. The Director of Public Prosecutions does not need leave to appeal against a sentence imposed by the County Court or the Supreme Court. The Director of Public Prosecutions can appeal against such a sentence if the Director considers that an error has been made in the original sentence and that a different sentence should have been imposed. The Director of Public Prosecutions must also be satisfied that bringing the appeal is in the public interest. The Court of Appeal The Court of Appeal, normally comprising two or three Judges of Appeal, conducts hearings of sentence appeals. In some cases, five judges may hear the appeal. The Court of Appeal reviews the sentence and determines whether the judge who originally sentenced the offender has made an error. In determining whether a sentencing error has been made, the Court of Appeal may consider such matters as: the maximum sentence available to the original sentencing judge how the original sentencing judge exercised his or her judicial discretion other sentences in similar cases the seriousness of the offence the personal circumstances of the offender. The Court of Appeal may identify a specific error in the original sentence, for example, the sentencing judge’s failure to have regard to a sentencing factor required by the law. Alternatively, the Court of Appeal may assume an error has been made on the basis that the result is plainly unreasonable or unjust.
Appeals from the County and Supreme Courts Offenders sentenced in the County Court or in the Trial Division of the Supreme Court can apply to the Court of Appeal for leave (permission) to appeal a sentence. Offenders can choose to have their application determined ‘on the papers’ (where a single judge considers the written application for leave to appeal and responds to the applicant in writing) or to appear in court to make the application. A single judge of the Court of Appeal normally hears this application. The judge may refuse the application if he or she finds there is no reasonable prospect of the Court of Appeal imposing a less severe sentence than the original sentence. The Director of Public Prosecutions does not need leave to appeal against a sentence imposed by the County Court or the Supreme Court. The Director of Public Prosecutions can appeal against such a sentence if the Director considers that an error has been made in the original sentence and that a different sentence should have been imposed. The Director of Public Prosecutions must also be satisfied that bringing the appeal is in the public interest. The Court of Appeal The Court of Appeal, normally comprising two or three Judges of Appeal, conducts hearings of sentence appeals. In some cases, five judges may hear the appeal. The Court of Appeal reviews the sentence and determines whether the judge who originally sentenced the offender has made an error. In determining whether a sentencing error has been made, the Court of Appeal may consider such matters as: the maximum sentence available to the original sentencing judge how the original sentencing judge exercised his or her judicial discretion other sentences in similar cases the seriousness of the offence the personal circumstances of the offender. The Court of Appeal may identify a specific error in the original sentence, for example, the sentencing judge’s failure to have regard to a sentencing factor required by the law. Alternatively, the Court of Appeal may assume an error has been made on the basis that the result is plainly unreasonable or unjust.
A%20Quick%20Guide%20to%20Sentencing%202016_0.docx