ABSTRACT
Section 11 of the Criminal Appeal Act 1968 provides that leave is always required in order to appeal against sentence unless the trial judge certifies the sentence fit for appeal. Certificates are hardly ever given and are discouraged by the Court of Appeal. In R v Grant (1990) 12 Cr App R(S) 441, for example, it was said that, if the judge has second thoughts about a sentence he has imposed, he should use his power under s 155 of the Powers of Criminal Courts (Sentencing) Act 2000 to vary the sentence (provided that no more than 28 days have elapsed since the sentence was imposed) or else allow the case to proceed through the ordinary process of appeal; he should not grant a certificate that the sentence is fit for appeal.
