68ADouble jeopardy not to be taken into account in prosecution appeals against sentence

#### 68A Double jeopardy not to be taken into account in prosecution appeals against sentence 68A Double jeopardy not to be taken into account in prosecution appeals against sentence > > (1) An appeal court must not— > > > > > (a) dismiss a prosecution appeal against sentence, or > > > > > (b) impose a less severe sentence on any such appeal than the court would otherwise consider appropriate, > > > > because of any element of double jeopardy involved in the respondent being sentenced again. > > > (2) This section extends to an appeal under the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) and accordingly a reference in this section to an appeal court includes a reference to the Court of Criminal Appeal. > > **s 68A:** Ins 2009 No 65, Sch 1 \[1\].