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Armed Forces Act 2006

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Changes over time for: Section 228

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Version Superseded: 03/12/2012

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Point in time view as at 08/03/2012. This version of this provision has been superseded. Help about Status

Changes to legislation:

Armed Forces Act 2006, Section 228 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

228Appeals where previous convictions set asideU.K.
This section has no associated Explanatory Notes

[F1(1)Subsection (3) applies where—

(a)a sentence has been imposed on any person under section 225(3) or 227(2) of the 2003 Act (as applied by section 219(2) or 220(2) of this Act),

(b)the condition in section 225(3A) or (as the case may be) 227(2A) of the 2003 Act was met but the condition in section 225(3B) or (as the case may be) 227(2B) of that Act was not, and

(c)any previous conviction of his without which the condition in section 225(3A) or (as the case may be) 227(2A) would not have been met has been subsequently set aside on appeal.]

(2)Subsection (3) also applies where—

(a)a sentence has been imposed on any person by virtue of section 225 or 226; and

(b)any previous conviction of his without which that section would not have applied has subsequently been set aside on appeal.

(3)Where this subsection applies, an application for leave to appeal against the sentence may be lodged at any time within 29 days beginning with the day on which the previous conviction was set aside.

(4)Subsection (3) has effect notwithstanding anything in section 9(1) of the Court Martial Appeals Act 1968 (c. 20).

Textual Amendments

Commencement Information

I1S. 228 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)

I2S. 228 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

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