Part 8

Sentencing Powers and Mandatory etc Sentences
Chapter 1

Definition etc of Certain Sentences

Service compensation orders

Service compensation orders: appeals etc
176
1
A person in whose favour a service compensation order is made is not entitled to receive the amount due to him until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal which could result in the order being varied or ceasing to have effect.
2
Where the Supreme Court restores a conviction of a service offence, it may make any service compensation order which the court of trial could have made.
3
Where a service compensation order has been made against any person in respect of an offence taken into consideration in determining his sentence—
a
the order ceases to have effect if he successfully appeals against his conviction of the offence or, if more than one, all the offences, of which he was convicted in the proceedings in which the order was made;
b
he may appeal against the order as if it were part of the sentence imposed in respect of the offence or, if more than one, any of the offences, of which he was so convicted.
S. 176 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)
Pt. 8 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(2)
S. 176 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4