Part 11

The Service Civilian Court

Appeals from Service Civilian Court

Right of appeal from SCC
285
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.
S. 285 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)
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)
S. 285 extended by 1995 c. 35, s. 12B(2)(3) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 285 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4