In cases involving serious sexual offenders under s 6E of the Sentencing Act 1991, the totality principle may be given effect through moderation of individual sentences rather than by directing otherwise under s 6E. The s 6E sentence should be cumulated upon a base sentence (being the longest non-s 6E sentence) rather than being designated as the base sentence itself, though this construction is expressly qualified as requiring definitive guidance from a three-judge bench. The Court of Appeal may order that a substituted sentence commence on the date of the original sentence imposed below.
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