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Armed Forces Discipline Act 2000

Armed Forces Discipline Act 2000

2000 CHAPTER 4

Commentary on Sections

Section 19: Hearing of appeals

51.This section inserts a new section into each of the SDAs.

Subsection (1) inserts a new section 83ZF into both the Army and Air Force Acts 1955. This section provides as follows:

  • An appeal against a finding of conviction shall be by way of a rehearing (so that the whole case will be heard again).

  • Appeals against sentence will also be by way of rehearing but only the evidence relevant to sentencing will be reheard.

  • Appeals will generally be heard in open court unless the rules of procedure of the court allow otherwise and will be conducted in accordance with the law of England and Wales.

  • Questions of law, procedure and practice will be decided by the judge advocate and any directions given by him will be binding on the court.

Subsection (2) inserts a new section 52FL into the Naval Discipline Act 1957.  This section is identical in effect to that described in subsection (1) above.

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