The Standing Civilian Courts Order 1997

PART VI REVIEW AND APPEAL

Review

84.—(1) Any petition presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act shall be presented to the reviewing authority to whom it is addressed in the form set out in Schedule 2 to this Order.

(2) Where a reviewing authority completes a review in accordance with paragraph 20 of Schedule 3 to the 1976 Act, it shall—

(a) if a petition has been presented in accordance with paragraph 19 of Schedule 3 to the 1976 Act, or

(b) if it exercises any of its powers under paragraph 20 of Schedule 3 to the 1976 Act,

promulgate its decision in writing to the accused, with reasons.

Notice of appeal

85.  A notice of appeal addressed to the higher authority in accordance with paragraph 18 of Schedule 3 to the 1976 Act shall be lodged with the higher authority in the form set out in Schedule 2 to this Order.

Modification of the 1955 Act for appeals

86.  The provisions of the 1955 Act concerning courts-martial which are specified in column 1 below shall apply to appeals before courts-martial from Standing Civilian Courts subject to the modifications and exceptions specified in column 2 below—

Column 1	Column 2
Provision applied	Modifications and exceptions
(finding and sentence)
section 97	after subsection (3) there shall be inserted the following subsection— “(4) Any finding or sentence of the court-martial shall replace the finding or sentence of the Standing Civilian Court and shall be announced as such.”
(power of reviewing authority to authorise retrial)
section 113A	shall not apply
(limitation of time for trial of offences)
section 132	shall not apply
(persons not to be tried for offences already disposed of)
section 134	shall not operate so as to prevent any appeal being determined