Modifications etc. (not altering text)
C1Pts. 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)
(1)A person convicted by the Service Civilian Court may appeal to the Court Martial—
(a)if he pleaded guilty, against his sentence;
(b)if he did not plead guilty, against his conviction or sentence.
(2)It is immaterial for the purposes of subsection (1)(a), and of subsection (1)(b) so far as relating to sentence, whether the sentence was passed on conviction or in subsequent proceedings.
(3)Subject to subsection (4), any appeal under this section must be brought—
(a)within the period of 28 days beginning with the date on which the person was sentenced (“the initial period”); or
(b)within such longer period as the Court Martial may allow by leave given before the end of the initial period.
(4)The Court Martial may at any later time give leave for an appeal to be brought within such period as it may allow.
(5)The respondent to an appeal under this section is the Director of Service Prosecutions.
(6)In this section “sentence” includes any order made by a court when dealing with an offender.
Modifications etc. (not altering text)
C2S. 285 extended by 1995 c. 35, s. 12B(2)(3) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
Commencement Information
I1S. 285 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. 285 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
(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
I3S. 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)
I4S. 286 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
(1)Any finding made, or sentence passed, by the Court Martial on an appeal under section 285 replaces the finding or sentence of the Service Civilian Court.
(2)Unless the Court Martial otherwise directs, any sentence passed on such an appeal takes effect from the beginning of the day on which the Service Civilian Court passed sentence.
(3)Subsection (4) applies where a sentence is passed on a person on an appeal under section 285 against sentence.
(4)The person is to be treated, for the purpose of enabling him to appeal under the Court Martial Appeals Act 1968 (c. 20) against the sentence, as if he had been convicted by the Court Martial of the offence in respect of which the sentence was passed.
Commencement Information
I5S. 287 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)
I6S. 287 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4