FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation
PART 12Miscellaneous provision about sentencing
CHAPTER 4Assistance for prosecution etc: review of sentence
Reference back to court for review of sentence
I1387Failure by offender to provide agreed assistance: review of sentence
1
This section applies if—
a
the Crown Court has passed a sentence on an offender in respect of an offence,
b
the sentence (“the original sentence”) is a discounted sentence in consequence of the offender's having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence, and
c
the offender knowingly fails to any extent to give assistance in accordance with the agreement.
2
A specified prosecutor may at any time refer the case back to the Crown Court if—
a
the offender is still serving the original sentence, and
b
the specified prosecutor thinks it is in the interests of justice to do so.
3
A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.
4
If the court is satisfied that the offender knowingly failed to give the assistance it may substitute for the original sentence a sentence that is—
a
greater than the original sentence, but
b
not greater than the sentence which it would have passed but for the agreement mentioned in subsection (1)(b) (“the original maximum”).
5
Subsections (6) to (9) apply where a sentence is substituted under subsection (4).
6
Where the substitute sentence is less than the original maximum, the court must state in open court—
a
that fact, and
b
the original maximum.
This is subject to subsection (8).
7
Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a substitute sentence is imposed under subsection (4) unless—
a
the court considers that it is not in the public interest to disclose that the original sentence was a discounted sentence, or
b
subsection (8) provides otherwise.
8
Where the substitute sentence is less than the original maximum and the court considers that it would not be in the public interest to disclose that fact—
a
subsection (6) does not apply;
b
the court must give a written statement of the matters specified in subsection (6)(a) and (b) to—
i
the prosecutor, and
ii
the offender;
c
section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is less than the original maximum.
9
Any part of the original sentence which the offender has already served must be taken into account in determining when the substitute sentence has been served.