Armed Forces Act 2006

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

I1 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)

I2 S. 274 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4