The acquittal in the original case is not affected. The Attorney General may also refer a case to the Court of Appeal if he or she considers that a sentence passed by the Crown Court is unduly lenient. This is restricted to cases which can only be tried in a Crown Court. If the Court of Appeal agrees, it may increase the sentence within the statutory maximum laid down by Parliament for the offence. The Home Secretary may consider representations and intervene in cases where appeal rights have been exhausted.
Fresh evidence is necessary if such action is to be taken.