§ Vera BairdTo ask the Secretary of State for the Home Department whether the Court of Appeal has powers to reduce a sentence if the sentence is not considered to be wrong in principle. [156313]
§ Paul GogginsSections 9(1) and 11(3) of the Criminal Appeal Act 1968 grant the Court of Appeal a very wide discretion to deal with appeals against sentence as it thinks fit, subject only to the proviso that it must not increase the sentence imposed by the Crown court. However, the criminal division of the Court of Appeal is generally bound by its own precedents. When considering an appeal against sentence on the ground that the sentence is manifestly excessive or wrong in principle, the Court of Appeal has traditionally made it clear that it will not interfere with the Crown court's sentence if that sentence is right in principle (i.e. within the general reach of the Crown court's discretion and not manifestly excessive). The interpretation of legislation is, however, a matter for the courts.