Attorney General's Reference

Under section 36 of the Criminal Justice Act 1972, where a person tried on indictment has been acquitted, “the Attorney General may, if he desires the opinion of the Court of Appeal on a point of law which has arisen in the case, refer that point to the court”, and the court must consider the point and give its opinion. This mechanism exists to clarify the law for future cases without touching the defendant's outcome: the statute is explicit that “A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.”

A separate reference power addresses sentencing rather than acquittals. Section 36 of the Criminal Justice Act 1988 allows the Law Officers, where a Crown Court sentence appears unduly lenient, to seek leave and, if granted, “refer the case to them for them to review the sentencing of that person”. This is the Unduly Lenient Sentence scheme: anyone can ask the Attorney General's Office to review a qualifying Crown Court sentence, but “The deadline to send your request is 11:59pm on the 28th day after the sentencing. Bank holidays and weekends are included in the 28 days.” The courts have defined “unduly lenient” narrowly, as a sentence “where it falls outside the range of sentences which the judge, applying his mind to all the relevant factors, could reasonably consider appropriate.”