Part 8Sentencing Powers and Mandatory etc Sentences

Chapter 7Court Orders Other Than Sentences

Service restraining orders

231Service restraining orders: appeals

1

This section applies where a court makes an order under section 229—

a

after it has acquitted the defendant of an offence; or

b

in respect of a case remitted to it under section 230(3).

2

For the purposes of sections 285 to 287 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968 (c. 20)—

a

the order is to be treated as a sentence passed on the defendant in respect of the offence; and

b

the defendant is to be treated for the purpose of enabling him to appeal against the order as if he had been convicted of the offence by the court.

3

For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.