Practice and Procedure

ATTORNEY-GENERAL'S REFERENCES (NO.59, 60, 61 OF 2004) SUB NOM R V GUY POUND : R V ANTHONY GREEN : R V PETER BEARD (2004)

PUBLISHED October 21, 2004
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[2004] EWCA Crim 2488

In deciding whether a reference by the Attorney-General was out of time, the Criminal Appeal Act 1968 s.50 made it plain that "sentence" in relation to an offence extended far beyond the decision whether to impose a custodial sentence, it extended expressly to issues of confiscation and the decision to impose compensation orders. In the instant case, the applications for leave to refer were made before the sentencing process in relation to each offender was concluded, and were accordingly made within the permitted 28 days for the purposes of the Criminal Justice Act 1988 Sch.3 .

CA (Crim Div) (Judge LJ, Moses J, Royce J)

21/10/2004

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