The Court of Appeal's jurisdiction to hear Director's appeals against sentence is not ousted by the fact that the sentence has been fully served, including where served by way of intensive correction order. However, the completion of a sentence is a significant factor in the application of the double jeopardy principle and may be decisive against allowing the appeal. An intensive correction order is a sentence of imprisonment for all relevant purposes under s.19(5) of the Sentencing Act 1991, which may limit the Court's ability to substitute a 'different sentence' under s.567A(4) where the total effective term was within range. Pre-sentence reports that merely assert suitability without reasons are perfunctory and may not comply with s.96(2).
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