Armed Forces Act 2006 (c. 52)

Valid from 28/03/2009

Part 8 U.K. Sentencing Powers and Mandatory etc Sentences

Chapter 7 U.K. Court Orders Other Than Sentences

Service restraining orders U.K.

231 Service restraining orders: appeals U.K.

(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.