The Armed Forces (Appeals Against Review of Sentence) Regulations 2024

Amendment of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

44.—(1) The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009(1) is amended as follows.

(2) After Part 14 insert—

“Part 14A Review of sentence proceedings

Review of sentence proceedings

106A.— (1) Part 12A of the AFA 2006 applies where a court-martial has passed a sentence as it applies where a Court Martial has passed a sentence with the following modifications.

(2) Where it applies to a sentence passed by a court-martial, Part 12A of the AFA 2006 applies as if—

(a) in section 304A(2)(b), “service offence” includes an SDA offence;

(b) in section 304B(3), “service offence” includes an SDA offence;

(c) in section 304C(1)(a), “service offence” includes an SDA offence;

(d) in section 304D—

(i) in paragraph (1)—

(aa) “Court Martial” includes court-martial;

(bb) “service offence” includes SDA offence;

(cc) “is not fixed by law or, if it is” is substituted by “was not fixed by law or, if it was”;

(ii) in paragraph (4), “back” is omitted;

(iii) in paragraph (5), the second occurrence of “Court Martial” includes court-martial;

(e) in section 304E—

(i) in paragraph (1)—

(aa) “service offence” includes an SDA offence;

(bb) “is not fixed by law or, if it is” is substituted by “was not fixed by law or, if it was”;

(ii) in paragraph (2), “back” is omitted;

(iii) in paragraph (3), the second occurrence of “Court Martial” includes court-martial.”.

(3) After Part 15, insert—

“Part 15A Appeals against review of sentence

Appeals against review of sentence

130A.— (1) This article applies where the Court Martial has exercised its powers under Section 304D or 304E of AFA 2006, as applied by article 106A, to substitute a new sentence in place of one passed by a court-martial.

(2) Where this article applies, the Armed Forces (Appeals Against Review of Sentence) Regulations 2024 apply subject to the following modifications—

(a) in regulations 7(1) and (2)(b), 11, 24 and 40, “Court Martial” includes “court-martial”;

(b) in regulation 8, for “Court Martial” substitute “court-martial”.”.

(1)

S.I. 2009/1059