Armed Forces Act 2006 Explanatory Notes

Section 146: Hearing of appeals

305.This section provides that an appeal against finding will be a complete rehearing of the charge so that all of the evidence in the case will be heard again. If the SAC does not quash the finding (or every finding in a case where there is more than one finding being appealed against) it will go on to rehear the evidence relevant to punishment. However, appeals against sentence alone will be by way of a rehearing only of the evidence relevant to punishment.

306.Questions of law, procedure and practice will be decided by the judge advocate and will be binding on the court.

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