Part 11

The Service Civilian Court

Appeals from Service Civilian Court

Hearing of appeals from SCC
286
1
This section applies in relation to appeals under section 285.
2
An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence).
3
An appeal against sentence is to be by way of a rehearing as respects sentence.
4
Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial.
5
The following may not be a member of the court hearing the appeal—
a
the judge advocate who tried or sentenced the appellant;
b
any other judge advocate before whom there was (in the proceedings under appeal) a hearing.
6
The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.
7
In this section and section 287—
a
“sentence” includes any order;
b
references to the passing of a sentence include references to the making of an order.
S. 286 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. 286 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
S. 286(4) modified (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 14 para. 9; S.I. 2015/778, art. 3, Sch. 1 para. 80