C1Part 11The Service Civilian Court

Annotations:
Modifications etc. (not altering text)
C1

Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Appeals from Service Civilian Court

I1C2I2285Right of appeal from SCC

1

A person convicted by the Service Civilian Court may appeal to the Court Martial—

a

if he pleaded guilty, against his sentence;

b

if he did not plead guilty, against his conviction or sentence.

2

It is immaterial for the purposes of subsection (1)(a), and of subsection (1)(b) so far as relating to sentence, whether the sentence was passed on conviction or in subsequent proceedings.

3

Subject to subsection (4), any appeal under this section must be brought—

a

within the period of 28 days beginning with the date on which the person was sentenced (“the initial period”); or

b

within such longer period as the Court Martial may allow by leave given before the end of the initial period.

4

The Court Martial may at any later time give leave for an appeal to be brought within such period as it may allow.

5

The respondent to an appeal under this section is the Director of Service Prosecutions.

6

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