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Armed Forces Act 2006

Armed Forces Act 2006

2006 CHAPTER 52

Commentary

First Group of Parts – Discipline

Part 8 – Sentencing Powers and Mandatory Etc Sentences
Chapter 1 – Definition etc of Certain Sentences
Service compensation orders
Section 176: Service compensation orders: appeals etc

361.This section corresponds to section 132 of the Sentencing Act. Subsection (1) ensures that compensation awarded in favour of a person need not be paid to him until the expiry of the period allowed for an appeal.

362.Subsection (2) enables the Supreme Court to make a service compensation order if a conviction is quashed by the CMAC and restored by the Supreme Court.

363.Subsection (3) ensures that, where a service compensation order is made in respect of an offence taken into consideration when sentencing a person for an offence of which he has been convicted, and the conviction is quashed on appeal, the order ceases to have effect. It also enables the offender to appeal against such an order.

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