Commentary on Sections Part 12 - Sentencing Chapter 7: Effect of Life Sentence Section 272: Review of minimum term on reference by Attorney General
617.Section 36 of the Criminal Justice Act 1988 provides for the Attorney General to refer a case concerning certain offences to the Court of Appeal for review if he is of the opinion that the sentence imposed is unduly lenient. As a matter of sentencing practice the Court of Appeal, when increasing a sentence which in its view is unduly lenient, operates a “double jeopardy” discount in favour of the offender to take account of the fact that he or she is being sentenced for a second time. A person convicted of murder is in any event subject to a life sentence and has no certain prospect of a particular release date. The amendment to section 36 of the Criminal Justice Act 1988 will prevent the Court of Appeal from applying a discount of this kind in referred cases relating to minimum term orders under section 269(2). (Equivalent amendments are made to relevant legislation covering the different armed forces.)