The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Power to re-sentence when some but not all convictions successfully appealed

112.—(1) This article applies, and section 13 of CMAA 1968 does not apply, where—

(a) on a single occasion a person was sentenced by a court-martial in respect of two or more offences; and

(b) the Appeal Court allows an appeal against conviction in respect of some but not all of the offences.

(2) If the appellant remains convicted of only one of the offences, the Appeal Court may pass a sentence in substitution for the sentence passed by the court-martial in respect of that offence.

(3) If—

(a) the appellant remains convicted of two or more of the offences,

(b) the court-martial passed more than one sentence in respect of the offences of which he remains convicted, and

(c) any of those sentences was in respect of only one of those offences,

the Appeal Court may pass a sentence in substitution for that sentence.

(4) If—

(a) the appellant remains convicted of two or more of the offences, and

(b) any sentence passed by the court-martial was in respect of more than one of the offences of which he remains convicted,

the Appeal Court may pass, in substitution for that sentence, separate sentences in respect of both or all of the offences of which he remains convicted and in respect of which that sentence was passed.

(5) A sentence passed under this article in respect of an offence must be a sentence that—

(a) the court thinks appropriate; and

(b) the Court Martial would have had power to pass in respect of the offence if Parts 1 to 13 of AFA 2006 had been in force and that court had convicted the appellant of the offence.

(6) But the Appeal Court may not exercise its powers under this article in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the court-martial.