(1) On hearing and considering an appeal against sentence, the Court of Appeal may (on its own initiative or on an application made by a party to the appeal) consider whether—
(a) to give a guideline judgment; or
(b) to review a guideline judgment given by it in a previous proceeding.
(2) On a review of a guideline judgment, the Court of Appeal may—
(a) confirm the guideline judgment; or
(b) vary the guideline judgment; or
(c) revoke the guideline judgment; or
(d) substitute the guideline judgment with a new guideline judgment.
(3) The Court of Appeal may give or review a guideline judgment even if it is not necessary for the purpose of determining any appeal in which the judgment is given or reviewed.
(4) A decision of the Court of Appeal to give or review a guideline judgment must be a unanimous decision of the Judges constituting the Court.
(5) A guideline judgment may be given separately to, or included in, the Court of Appeal's judgment in an appeal.
(6) Nothing in this Part requires the Court of Appeal to give or review a guideline judgment if it considers it inappropriate to do so.
S. 6ABA inserted by No. 34/2017 s. 39.