The Armed Forces (Court Martial) (Amendment) Rules 2024

Insertion of new Part 14A (review of sentence proceedings)

14.  After rule 117 (pronouncement of sentence) insert—

“Part 14A Review of sentence proceedings

Application of Part 14A

117A.   This Part applies in relation to review of sentence proceedings.

Review of sentence

117B.   Where, on a single occasion, the court passes two or more sentences on a person, an application for review of any of those sentences is to be treated as an application in respect of both or all of them.

Dispute on facts

117C.— (1) Where a case has been referred back to the court under section 304D or section 304E and there are disputed facts within the subject matter of the review of sentence proceedings, the judge advocate may direct that any issue of fact be tried by the court.

(2) The finding of the court on any such issue is to be determined by a majority of the votes of the members of the court.

(3) In the case of an equality of votes, the court must find for the offender.

(4) The finding of the court is to be announced by the judge advocate.

Attendance of lay members by live link

117D.   A lay member may attend review of sentence proceedings by live link, as defined by rule 18(3)(a).

Decision on review of sentence

117E.   In the case of an equality of votes on whether the sentence should be changed following the review, or if so how, the judge advocate has a casting vote.

Pronouncement of sentence

117F.   Subject to section 304F (sections 304C to 304E: statements in open court), rule 117 (pronouncement of sentence) and sections 252 (duty to give reasons and explain sentence) and 253(2) (duties in complying with section 252) apply in relation to the court’s decision as to whether or not to review the sentence as they apply to the passing of a sentence.

Effect of review of sentence

117G.   Unless the court otherwise directs, any sentence substituted by the court under sections 304D(6)(b) or 304E(4) begins to run from the time that the original sentence began to run.”.