Appeal against sentence for failing to fulfil an undertaking

Offenders who have committed crimes sometimes agree to assist law enforcement authorities. This may involve giving evidence against other people who have allegedly committed offences. Such assistance is often taken into account when the offender is sentenced and they receive a ’discount’ on their sentence – a lower sentence than would otherwise have been imposed.

However, sometimes the offender who receives a discounted sentence does not provide the expected assistance. In these circumstances, the Director of Public Prosecutions (DPP) may appeal to the Court of Appeal against the lower sentence imposed. If the Court of Appeal considers the offender has failed, wholly or partly, to fulfil the undertaking to provide assistance, the court may impose a sentence it considers appropriate.