Part 10Court Martial Decisions: Appeals and Review

Chapter 2Review of Court Martial Sentence

I1I2274Reference of point of law to Supreme Court

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.