Armed Forces Act 2006

Appeals: application of Court Martial Appeals Act 1968 to multiple relevant offences U.K.

[F1 15 (1) This paragraph applies where, by virtue of paragraph 9(2), the Court Martial passed a single sentence in respect of two or more relevant offences (“the joined offences”); and references in this paragraph to “the 1968 Act” are to the Court Martial Appeals Act 1968.

(2) Where—

(a) section 13 of the 1968 Act (power to re-sentence when some but not all convictions successfully appealed) applies in relation to the sentence, but

(b) the appellant remains convicted of two or more of the joined offences,

those offences are to be treated for the purposes of section 13(2) of the 1968 Act as a single offence.

(3) Sub-paragraph (4) applies where section 14 of the 1968 Act (substitution of conviction on different charge after plea of not guilty) applies in relation to a conviction of any of the joined offences.

(4) The reference in section 14(2)(b) to a sentence that the Court Martial would have had power to pass in respect of the offence mentioned in section 14(1)(b) is to be read as a reference to a sentence that the Court Martial would have had power to pass in respect of all the applicable offences.

(5) For the purposes of sub-paragraph (4) an offence is an “applicable offence” if it is—

(a) a joined offence of which the appellant remains convicted;

(b) an offence a finding of guilty of which has been substituted under section 14 of the 1968 Act for a finding of guilty of a joined offence; or

(c) an offence a plea of guilty of which has been substituted under section 14A of that Act for a plea of guilty of a joined offence.

(6) Sub-paragraph (7) applies where—

(a) section 14A of the 1968 Act (substitution of conviction on different charge after guilty plea) applies in relation to a conviction of any of the joined offences; and

(b) section 14 of that Act does not so apply.

(7) The reference in section 14A(2)(b) to a sentence that the Court Martial would have had power to pass in respect of the offence mentioned in section 14A(1)(b) is to be read as a reference to a sentence that the Court Martial would have had power to pass in respect of—

(a) all the joined offences of which the appellant remains convicted; and

(b) the offence a plea of guilty of which has been substituted under section 14A for a plea of guilty of a joined offence.

(8) Where sub-paragraph (4) or (7) applies and the case also falls within section 13(1) of the 1968 Act, section 13 of that Act shall not apply.

(9) In section 16A of the 1968 Act (appeals against sentence), the reference in subsection (2)(b) to the offence is to be read as a reference to the joined offences.]

Textual Amendments

F1 Sch. 3A inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 14(2), 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 6(3), 10-12)