The Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006
Parts 2 and 3 of this Order make provision corresponding to provision in the Criminal Appeal Act 1968, with modifications, for the purposes of appeals in England and Wales under section 74(8) of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”). Chapter 2 of Part 2 of the 2005 Act makes provision for the giving by offenders of assistance to prosecutors and those investigating offences. Under section 74 of the 2005 Act a specified prosecutor can refer an offender’s case to the Crown Court if the offender has offered further assistance, has offered assistance following sentence, or he has offered assistance, and as a consequence has received a discounted sentence, but has failed to provide it. In the latter situation, under section 74(5), if the Crown Court is satisfied that the person has knowingly failed to give assistance it may substitute such greater sentence (not exceeding that which it would have passed but for the agreement to provide assistance) as it thinks appropriate. In the first two situations, under section 74(6), the Crown Court may take account of the extent and nature of the assistance offered and substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.