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Armed Forces Act 2006

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  • specified provision(s) transitional provisions for effects of commencing SI 2009/812 by S.I. 2009/1059 Order

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2U.K.After section 12 of the Criminal Appeal Act 1995 (c. 35) insert—

“12ACases dealt with by the Court Martial

(1)Where a person has been convicted by the Court Martial (including on an appeal brought from the Service Civilian Court), the Commission—

(a)may at any time refer the conviction to the Court Martial Appeal Court, and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial Appeal Court any sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction.

(2)Where a person has been convicted by the Service Civilian Court and sentenced by the Court Martial on an appeal against sentence only, the Commission may at any time refer to the Court Martial Appeal Court that sentence of the Court Martial and any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(3)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against the conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial Appeal Court that any related conviction specified in the notice is to be treated as referred to that court under subsection (1).

(5)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence (other than one fixed by law) imposed by the Court Martial on, or in subsequent proceedings relating to, the conviction or any related conviction.

(6)A reference under subsection (2) of a person's sentence shall be treated for all purposes as an appeal by the person under section 8 of the Court Martial Appeals Act against—

(a)the sentence, and

(b)any other sentence imposed by the Court Martial in respect of a connected conviction within the meaning given by section 12B(6).

(7)Where a finding of not guilty by reason of insanity has been made by the Court Martial in the case of a person, the Commission may at any time refer the finding to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 21 of the Court Martial Appeals Act against the finding.

(8)Where the Court Martial has found that a person is under a disability and that he did the act or made the omission charged against him, the Commission may at any time refer either or both of those findings to the Court Martial Appeal Court; and a reference under this subsection shall be treated for all purposes as an appeal by the person under section 24 of the Court Martial Appeals Act against the finding or findings referred.

(9)For the purposes of this section convictions are “related” if they are of the same person in the same proceedings.

12BCases dealt with by the Service Civilian Court

(1)Where a person has been convicted of an offence by the Service Civilian Court, the Commission—

(a)may at any time refer the conviction to the Court Martial; and

(b)(whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction.

(2)A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty).

(3)A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against—

(a)the sentence, and

(b)any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction.

(4)On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1).

(5)On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court.

(6)For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.”

Commencement Information

I1Sch. 11 para. 2 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)

I2Sch. 11 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Yn ôl i’r brig

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