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The Courts-Martial (Army) Rules 1997

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Forwarding an appeal to the prosecuting authority

3.—(1) When the higher authority receives a notice of appeal against conviction or sentence (or both) lodged under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976(1), he shall forward the notice to the prosecuting authority with a view to the appeal being heard by a court-martial.

(2) On receipt of a notice under paragrph (1) above, the prosecutor shall determine whether the appeal is to be heard by general court-martial or district court-martial.

(3) Subject to rules 4 to 6 below, these Rules shall be complied with as if the charge which is the subject of the appeal were a charge preferred against the accused under section 83B(4)(2) of the Act.

(1)

1976 c. 52; Schedule 3 was amended by the Armed Forces Act 1996, section 5 and Schedule 1.

(2)

Section 83B was inserted by the Armed Forces Act 1996, section 5 and Schedule 1.

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