PART 15U.K.APPEALS AND REFERENCES TO THE COURT MARTIAL APPEAL COURT

Right of appeal against conviction or sentence by court-martialU.K.

108.—(1) In section 8(1) of CMAA 1968 the reference to the Court Martial includes a court-martial.

(2) Where—

(a)a court-martial dealt with a person—

(i)under paragraph 3(2) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957 for an offence in respect of which an order for conditional discharge had previously been made, or

(ii)under paragraph 4(8) of any of those Schedules for an offence in respect of which a community supervision order had previously been made, and

(b)the person was convicted of the offence by a Standing Civilian Court,

he is to be treated for the purposes of section 8(1) of CMAA 1968 as if he had been convicted of the offence by the court-martial.

(3) In subsection (5) of section 268 of AFA 2006 (order that fine or compensation be paid by service parent or guardian) the reference to an order under that section includes an order made by a court-martial under paragraph 13 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

(4) No appeal shall lie from—

(a)an order by a court-martial under paragraph 14 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957 requiring an offender's service parent or guardian to enter into a recognisance; or

(b)a declaration by a court-martial that such a recognisance is forfeited (in whole or in part).