322. Sentence in absence of offender

322. Sentence in absence of offender

The Court of Appeal may impose a sentence on a person under this Part even though the person does not attend the hearing of an appeal or an application to the Court of Appeal.

Note

The Court of Appeal cannot impose a sentence that requires the consent of the person, for example a community-based order, in the absence of the person.

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321. New evidence—effect on sentence

321. New evidence—effect on sentence

(1) Subject to subsections (2) and (3), on an appeal under this Part, including an appeal by the DPP, the Court of Appeal must not increase a sentence by reason of any evidence that was not given at the trial or sentencing hearing.

(2) On an appeal under section 291, the Court of Appeal may increase a sentence by reason of evidence of the failure to fulfil an undertaking referred to in section 291(a).

(3) On an appeal under this Part, including an appeal by the DPP, the Court of Appeal may increase a sentence, by reason of any evidence that was not given at the trial or sentencing hearing, if the court considers that—

(a) the originating court was misled at the sentencing hearing as to a material fact; and

(b) an increase in sentence is necessary in the interests of justice.

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269. One notice of appeal for 2 or more sentences

269. One notice of appeal for 2 or more sentences

If 2 or more sentences are imposed in respect of charges that have been heard together, the appellant may give one notice of appeal for all or any of those sentences.

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254. Right of appeal

254. Right of appeal

A person convicted of an offence by the Magistrates' Court in a criminal proceeding conducted in accordance with Part 3.3 may appeal to the County Court against—

(a) the conviction and sentence imposed by the court; or
(b) sentence alone.

Note

See the definitions of conviction and sentence in section 3.

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