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Changes over time for: Section 274
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Status:
Point in time view as at 31/10/2009.
Changes to legislation:
Armed Forces Act 2006, Section 274 is up to date with all changes known to be in force on or before 25 February 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.
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Changes to Legislation
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274Reference of point of law to Supreme CourtU.K.
This section has no associated Explanatory Notes
(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.
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