Part 8

Sentencing Powers and Mandatory etc Sentences
Chapter 7

Court Orders Other Than Sentences

Service restraining orders

Service restraining orders: appeals
231
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.
S. 231 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. 231 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4