Armed Forces Act 2006

286 Hearing of appeals from SCC U.K.

(1) This section applies in relation to appeals under section 285.

(2) An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence).

(3) An appeal against sentence is to be by way of a rehearing as respects sentence.

(4) Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial.

(5) The following may not be a member of the court hearing the appeal—

(a) the judge advocate who tried or sentenced the appellant;

(b) any other judge advocate before whom there was (in the proceedings under appeal) a hearing.

(6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.

(7) In this section and section 287—

(a) “sentence” includes any order;

(b) references to the passing of a sentence include references to the making of an order.

Modifications etc. (not altering text)

C1 S. 286(4) modified (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 14 para. 9; S.I. 2015/778, art. 3, Sch. 1 para. 80

Commencement Information

I1 S. 286 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 286 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4