Criminal Appeals Act 2004

This section applies in the case of an appeal commenced by an offender under section 23, or by a prosecutor under section 24(1), against —

the sentence imposed or any order made as a result of —

a conviction on indictment; or

a conviction by a court of summary jurisdiction in respect of which the offender was committed for sentence;

a refusal by a superior court to make an order that might be made as a result of such a conviction.

Unless under subsection (4) the Court of Appeal allows the appeal, it must dismiss the appeal.

The Court of Appeal may allow the appeal if, in its opinion —

in the case of an appeal referred to in subsection (1)(a), a different sentence should have been imposed or a different order made; or

in the case of an appeal referred to in subsection (1)(b), an order should have been made.

If the Court of Appeal allows an appeal referred to in subsection (1)(a), it must set aside the sentence or order and —

may instead impose a new sentence that is either more or less severe or make a new order; or

may send the charge back to the court that imposed the sentence or made the order to be dealt with further.

If the Court of Appeal allows an appeal referred to in subsection (1)(b), it —

may make any order that should have been made; or

may send the charge back to the court that refused to make the order to be dealt with further.