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Armed Forces Act 2006

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Changes over time for: Section 286

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Version Superseded: 13/04/2015

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Status:

Point in time view as at 18/03/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Armed Forces Act 2006, Section 286 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. Help about Changes to Legislation

286Hearing of appeals from SCCU.K.

This section has no associated Explanatory Notes

(1)This section applies in relation to appeals under section 285.

(2)An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence).

(3)An appeal against sentence is to be by way of a rehearing as respects sentence.

(4)Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial.

(5)The following may not be a member of the court hearing the appeal—

(a)the judge advocate who tried or sentenced the appellant;

(b)any other judge advocate before whom there was (in the proceedings under appeal) a hearing.

(6)The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.

(7)In this section and section 287—

(a)sentence” includes any order;

(b)references to the passing of a sentence include references to the making of an order.

Commencement Information

I1S. 286 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. 286 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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