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 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act];

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

[F2 (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 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