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Act index » Chapter 5 - Trial on indictment » Part 5.6 - Sentence indication
208 Application for sentence indication
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See section 9B of the Victims' Charter Act 2006 for obligations of the DPP to a victim in relation to an application for a sentence indication.
Note to s. 208(1) inserted by No. 1/2022 s. 112(2).
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(3)If an application under subsection (1)(a) is made in respect of a charge that is not on the indictment, the accused must specify the charge in the application.
(3A)A second or subsequent sentence indication may be given if there has been a change in circumstances since the previous sentence indication that is likely to materially affect the sentence indication previously given.
(4)The court may refuse to give a sentence indication under section 207.
(5)Without limiting subsection (4), the court may refuse to give a sentence indication under section 207 if the court considers there is insufficient information before it of the impact of the offence on any victim of the offence.
Under section 5(2)(daa) of the Sentencing Act 1991, in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.