The sentence given to Winston Irvine was unduly lenient and should be extended, according to the Public Prosecution Service (PPS).
Irvine, 49, from Ballysillan Road in north Belfast, was given a two-and-a-half year sentence last month after admitting to firearm and ammunition offences.
The sentence was half the minimum recommended term, with the judge citing “exceptional circumstances”.
The PPS said it will now appeal the sentence.
Irvine’s sentence – half of which is to be served on licence – was below the minimum sentence of five years and attracted criticism from some politicians.
A spokesperson for the PPS told the BBC’s The Nolan Show: “After careful consideration of the sentence handed down in the case of Winston Irvine, including with the benefit of advices from independent Senior Counsel, we have determined that there is a sufficient legal basis to refer the sentence to the Court of Appeal.”
The PPS referral has now been lodged with the Court of Appeal.
The PPS describes an unduly lenient sentence as one that falls outside the range of sentences that a judge, taking into consideration all relevant factors, and having regard to sentencing guidance, could reasonably consider appropriate.
The sentence must not just be lenient, but must be unduly lenient.
Irvine is currently serving his sentence on the segregated UVF wing at Maghaberry high security prison.
During sentencing Judge Gordon Kerr KC said despite Irvine’s guilty plea, he had declined to give any explanation to the police or the court for having the guns and bullets in the boot of his car.
However, the judge said he did not consider the crimes to be connected to terrorism.
The judge cited Irvine’s “character and long-term commitment to peace building in Northern Ireland” among exceptional circumstances relating to the case.
The court was told he had worked at the highest levels of government and had “devoted most of his adult life to peace”.
Court documents released to The Nolan Show revealed the extent of the character references provided to the court.
They include letters from Loyalist Communities Council chair David Campbell, former Policing Board member and director of Northern Ireland Alternatives Deborah Watters, Gary Mason a Methodist Minister, as well as Dr Harold Good.
The PPS said it would not be appealing the five year jail term handed to co-accused Robin Workman.
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