The court was asked as to as to the circumstances in which s.23 of the 1968 Act applies to fresh evidence or other information which an appellant may seek to adduce before this court on an appeal against sentence.
Held: The rules applicable to the admission of fresh evidence under sectio 23 apply also to appeals against sentence.
Lord Thomas of Cwmgiedd CJ
[2016] WLR(D) 358, [2016] EWCA Crim 801
Bailii, WLRD
Criminal Appeal Act 1968 23
England and Wales
Citing:
Cited – Regina v Jones (S) 1997
The court considered the practice applicable when seeking to adduce new expert evidence on an appeal against sentence.
Lord Bingham CJ said: ‘Expert witnesses, although inevitably varying in standing and experience, are interchangeable in a . .
Cited – A and B, Regina v CACD 23-Apr-1998
The two defendants appealed against sentences for being involved in importation of drugs. They said that they had assisted the police.
Held: The Court of Appeal Criminal Division is, in relation to sentencing, a court of review. Its function . .
Cited – Caines, Regina v, Regina v Roberts CACD 23-Nov-2006
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison.
Held: . .
Cited – Erskine, Regina v; Regina v Williams CACD 14-Jul-2009
The defendants had been separately convicted of murder several years ago. They sought the quashing of the convictions and substitution of convictions for manslaughter on the grounds of diminished responsibility.
Held: The appeal of Erskine . .
Cited – Beesley and Another, Regina v CACD 18-Apr-2011
These two appeals raised issues as to the evidence or other information which a sentencing court and this court should receive and take into account when the issue of dangerousness is being considered for the purposes of imprisonment for public . .
Cited – Thames Water Utilities Ltd, Regina v CACD 3-Jun-2015
The company appealed against the sentence imposed on a finding that it was in breach of the 2010 Regulations. It sought to bring new evidence.
Held: In sentencing appeals the court will scrutinise intensely any application to give a factual . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 18 January 2022; Ref: scu.566428
