C1Part 11The Service Civilian Court

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Appeals from Service Civilian Court

I1I2286Hearing of appeals from SCC

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.

C24

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.