Section 113C of the Army Act 1955 and the Air Force Act 1955 and section 71AC of the Naval Discipline Act 1957 empower the Attorney General to refer offences that in the civilian system would be indictable only to the Courts-Martial Appeal Court, with the leave of that court, where he considers that the sentence imposed by a court-martial was unduly lenient. The Secretary of State may by Order, made under section 113B(1)(a) of the Army Act 1955/Air Force Act 1955 or section 71AB(1)(a) of the Naval Discipline Act 1957 extend the scope of the Attorney General’s powers by specifying certain offences, where the corresponding civil offences are triable either summarily or on indictment, where he considers that the sentence imposed by a court-martial was unduly lenient.

Article 2 of this Order provides that section 113B(1)(a) and 113C of the 1955 Acts and section 71AB(1)(a) and 71AC of the 1957 Act are to apply to the cases specified in the Schedule to this Order. Paragraph 1 of the Schedule specifies cases in which a sentence has been passed by the court martial for one of the offences listed. Paragraph 2 of the Schedule specifies cases in which a sentence has been passed for attempting to commit or inciting the commission of any of the offences listed in paragraph 1.

The provisions in this Order are broadly equivalent to those applied in the civil court which are set out in Part IV (Review of Sentencing) of the Criminal Justice Act 1988 and The Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006.