Part 10Court Martial Decisions: Appeals and Review

Chapter 2Review of Court Martial Sentence

273Review of unduly lenient sentence by Court Martial Appeal Court

(1)

If the Attorney General considers—

(a)

that a sentence passed by the Court Martial in respect of an offence under section 42 (criminal conduct) is unduly lenient, and

(b)

that condition A or B is satisfied,

he may refer the case to the Court Martial Appeal Court for it to review the sentencing of the offender.

(2)

Condition A is that the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment.

(3)

Condition B is that the case is of a description specified for the purposes of this subsection in an order made by the Secretary of State.

(4)

A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court.

(5)

On a reference under subsection (1), the Court Martial Appeal Court may—

(a)

quash the sentence passed by the Court Martial; and

(b)

pass in substitution for it any sentence which the Court Martial Appeal Court thinks appropriate and which is a sentence that the Court Martial had power to pass in respect of the offence.

(6)

For the purposes of subsection (1)(a), the Attorney General may consider that a sentence passed by the Court Martial is unduly lenient if he considers—

(a)

that the Court Martial erred in law as to its powers of sentencing; or

(b)

that the sentence is not that required by F1—

(i)

section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(ii)

section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(iii)

section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(iv)

F2section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(v)

F3section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(vi)

section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(vii)

section 227A(1A) or (2) (threatening with a weapon in public or on school premises);

but nothing in this subsection limits subsection (1)(a).

F4(7)

Where a reference under subsection (1) relates to a case in which the Court Martial made F5a minimum term order under section 321 of the Sentencing Code, the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time.

F6(7A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

The reference in subsection (1)(a) to a sentence passed by the Court Martial does not include one passed on an appeal under section 285 (appeal from Service Civilian Court).

(9)

In this section and section 274 “sentence” includes any order made by a court when dealing with an offender.