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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)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
I1S. 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)
I2S. 286 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4