Commentary on provisions of Act New section 304E Review of sentence following failure to assist
This new section allows a sentence to be reviewed to take account of a failure by the person sentenced to give assistance that they offered to an investigator or prosecutor and in return for which they received a sentence that was discounted under new section 304C or 304D. If the reviewing court is satisfied that the person knowingly failed to give the assistance, it may increase the sentence to take account of that failure.
	Subsection (2) provides that a case may only be referred for review under new section 304E if the Director thinks that referral is in the interests of justice.
	Subsection (7) allows a person whose sentence is reviewed under new section 304E to appeal against the decision of the reviewing court. The Director may also appeal against the decision (see subsection (8)).
	Subsection (9) allows regulations to be made in relation to the conduct of proceedings on appeals against decisions under new section 304E (but this is subject to subsection (10)).