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Criminal Justice and Immigration Act 2008

Section 145 and Schedule 25 : Amendments to armed forces legislation

834.Section 145 gives effect to Schedule 25, which makes changes to armed forces legislation similar to certain provisions of the Act, subject to modification where required.

835.Part 1 of the Schedule (Paragraphs 1 to 9) makes a number of amendments to the Courts-Martial (Appeals) Act 1968. Paragraph 2 provides for powers to dismiss certain appeals following references by the CCRC, equivalent to the provisions of section 42. Paragraphs 3 to 9 deal with the effect of interim hospital orders, the production of evidence, appeals against procedural directions and the detention of an accused pending appeal to the Supreme Court. They make provision equivalent to those provisions made by Part 1 of Schedule 8 to the Act in relation to appeals in criminal cases.

836.Part 2 of the Schedule (Paragraphs 10 to 31) makes a number of amendments to the Armed Forces Act 2006. These include amendments relating to the sentencing of dangerous offenders, restrictions on imposing community punishments equivalent to the provisions of section 11, review of sentences referred by the Attorney-General equivalent to those in section 46, changes in relation to the award of compensation for miscarriages of justice equivalent to those in section 61, imposition of unpaid work requirement for breach of community order or overseas community order equivalent to those of section 38 and minor amendments regarding suspended prison sentences on further conviction or breach of requirement to reflect section 20 .

837.Part 3 of the Schedule (Paragraph 34) makes transitional provisions for applications for compensation for miscarriage of justice including provision for exceptional circumstances.

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