289. Determination of Crown appeal

289. Determination of Crown appeal

(1) On an appeal under section 287, the Court of Appeal must allow the appeal if the DPP satisfies the court that—

(a) there is an error in the sentence first imposed; and

(b) a different sentence should be imposed.

(2) In considering whether an appeal should be allowed, the Court of Appeal must not take into account any element of double jeopardy involved in the respondent being sentenced again, if the appeal is allowed.

(3) In any other case, the Court of Appeal must dismiss an appeal under section 287.

Section 289(2) marks a departure from the existing common law position, where double jeopardy (the accused effectively going before a court twice for the same offence) was always a relevant consideration in deciding whether to grant an appeal on sentence by the DPP.