Armed Forces Act 2006

285Right of appeal from SCC
This section has no associated Explanatory Notes

(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.