Armed Forces Act 2006 (c. 52)

Part 10 U.K. Court Martial Decisions: Appeals and Review

Chapter 2 U.K. Review of Court Martial Sentence

273 Review of unduly lenient sentence by Court Martial Appeal Court U.K.

(1) If the Attorney General considers—

(a) that a sentence passed by the Court Martial in respect of an offence under section 42 (criminal conduct) is unduly lenient, and

(b) that condition A or B is satisfied,

he may refer the case to the Court Martial Appeal Court for it to review the sentencing of the offender.

(2) Condition A is that the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment.

(3) Condition B is that the case is of a description specified for the purposes of this subsection in an order made by the Secretary of State.

(4) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court.

(5) On a reference under subsection (1), the Court Martial Appeal Court may—

(a) quash the sentence passed by the Court Martial; and

(b) pass in substitution for it any sentence which the Court Martial Appeal Court thinks appropriate and which is a sentence that the Court Martial had power to pass in respect of the offence.

(6) For the purposes of subsection (1)(a), the Attorney General may consider that a sentence passed by the Court Martial is unduly lenient if he considers—

(a) that the Court Martial erred in law as to its powers of sentencing; or

(b) that the sentence is not that required by [F1 section [F2 224A,] 225(2) or 226(2) of the 2003 Act (as applied by section [F3 218A,] 219(2) or 221(2) of this Act) or by section 225, 226 [F4 , 227 or 227A] of this Act];

but nothing in this subsection limits subsection (1)(a).

[F5 (7) Where a reference under subsection (1) relates to a case in which the Court Martial made an order specified in subsection (7A), the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.

(7A) The orders specified in this subsection are—

(a) an order under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence);

(b) an order under section 82A(2) of the Sentencing Act (determination of minimum term in relation to discretionary life sentences and certain other sentences).]

(8) The reference in subsection (1)(a) to a sentence passed by the Court Martial does not include one passed on an appeal under section 285 (appeal from Service Civilian Court).

(9) In this section and section 274 “sentence” includes any order made by a court when dealing with an offender.

Textual Amendments

F1 Words in s. 273(6)(b) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 23; S.I. 2009/1028, art. 2(b)

F2 Word in s. 273(6)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 36(a); S.I. 2012/2906, art. 2(t)

F3 Word in s. 273(6)(b) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 36(b); S.I. 2012/2906, art. 2(t)

F4 Words in s. 273(6)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 26 para. 29; S.I. 2012/2770, art. 2(f)

F5 S. 273(7)(7A) substituted for s. 273(7) (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 28; S.I. 2009/1028, art. 2(b)

Modifications etc. (not altering text)

C1 S. 273(1)(a) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, s. 166

Commencement Information

I1 S. 273 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. 273 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

274 Reference of point of law to Supreme Court U.K.

(1) Where the Court Martial Appeal Court has concluded its review of a case referred to it under section 273(1), the Attorney General or the offender may refer to the Supreme Court a point of law involved in any sentence passed on the offender in the proceedings.

(2) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court or the Supreme Court.

(3) Such leave may not be given unless—

(a) the Court Martial Appeal Court has certified that the point of law is of general public importance; and

(b) it appears to the Court Martial Appeal Court or the Supreme Court (as the case may be) that the point is one which should be considered by the Supreme Court.

(4) The Supreme Court must give its opinion on any point of law referred to it under subsection (1) and must—

(a) remit the case to the Court Martial Appeal Court to be dealt with; or

(b) deal with the case itself.

(5) For the purposes of dealing with a case itself the Supreme Court may exercise any powers of the Court Martial Appeal Court.

Commencement Information

I3 S. 274 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)

I4 S. 274 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

275 Power to make supplementary provision about review of sentence U.K.

(1) The Secretary of State may by regulations make supplementary provision with respect to references under section 273(1) or 274(1) (including provision with respect to applications, proceedings and other matters in connection with such references).

(2) The regulations may in particular include provision which is equivalent to that made by, or capable of being made under, any provision of—

(a) this Act,

(b) the Court Martial Appeals Act 1968 (c. 20), or

(c) Schedule 3 to the Criminal Justice Act 1988 (c. 33) (reviews of sentencing; supplementary),

subject to such modifications as the Secretary of State considers appropriate.

Commencement Information

I5 S. 275 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)

I6 S. 275 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4