Criminal Appeal Act 1995
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Change 1
12B Cases dealt with by the Service Civilian Court
(1) Where a person has been convicted of an offence by the Service Civilian Court, the Commission— (a) may at any time refer the conviction to the Court Martial; and (b) (whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction. (2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty). (3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against— (a) the sentence, and (b) any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction. (4) On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1). (5) On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court. (6) For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.
12B Cases dealt with by the Service Civilian Court
(1) Where a person has been convicted of an offence by the Service Civilian Court, the Commission— (a) may at any time refer the conviction to the Court Martial; and (b) (whether or not they refer the conviction) may at any time refer to the Court Martial any sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction. (2) A reference under subsection (1) of a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against the conviction (whether or not he pleaded guilty). (3) A reference under subsection (1) of a sentence imposed on, or in subsequent proceedings relating to, a person's conviction shall be treated for all purposes as an appeal by the person under section 285 of the Armed Forces Act 2006 against— (a) the sentence, and (b) any other sentence imposed by the Service Civilian Court on, or in subsequent proceedings relating to, the conviction or any connected conviction. (4) On a reference under subsection (1) of a person's conviction, the Commission may give notice to the Court Martial that any connected conviction which is specified in the notice is to be treated as referred to the Court Martial under subsection (1). (5) On a reference under this section the Court Martial may not impose a sentence more severe than that imposed by the Service Civilian Court. (6) For the purposes of this section convictions are “connected” if they are of the same person by the same court on the same day.
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