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<p>2015 – of the 14 sentences that were received out of time only 1 was received on
the 28th day and too late for it to be actioned.</p><p> </p><p>2016 – of the 28 sentences
that were received out of time only 1 was received on the 28th day and too late for
it to be actioned.</p><p> </p><p>2017 - of the 27 sentences that were received out
of time only 1 was received on the 28th day and too late for it to be actioned.</p><p>
</p><p>2018 - of the 31 sentences that were received out of time 2 were received on
the 28th day and too late for them to be actioned.</p><p> </p><p>2019 - of the 43
sentences that were received out of time only 1 was received on the 28th day and too
late for it to be actioned.</p><p>Whilst referrals for sentences are received and
actioned on the 28<sup>th</sup> day, those are cases that are received early enough
on the day to be actioned. An unduly lenient sentence case can only be taken forward
if either myself or the Attorney General has approved action (on the basis of a complete
prosecution file and proper legal advice) and an application has been filed with the
Court of Appeal before the expiry of the statutory 28 day deadline. None of the above
cases were accepted as being within time by my office as they were received too late
to be actioned and consequently they were all marked as out of time.</p><p> </p><p>A
referral to the Court of Appeal for consideration of a sentence as unduly lenient
must be made within 28 days of the date of the sentence as set out in Schedule 3,
Paragraph 1 of the Criminal Justice Act 1988. The 28 day statutory time limit is absolute;
the statute provides no power to extend the time limit or to apply for leave to refer
out of time.</p>
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