16U.K.For section 16A (powers on appeals against sentence) substitute—
“16AAppeals against sentence
(1)Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.
(2)On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—
(a)they think appropriate; and
(b)is a sentence that the Court Martial had power to pass in respect of the offence.
(3)But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.”
Commencement Information
I1Sch. 8 para. 16 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)
I2Sch. 8 para. 16 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4