The Armed Forces (Appeals Against Review of Sentence) Regulations 2024
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Change 1
7 Appeals against review of sentence
(1) Where, on a single occasion, the Court Martial passes two or more sentences on an offender, an appeal or application for leave to appeal against a review of any of those sentences is to be treated as an appeal or application in respect of both or all of them. (2) On appeal against a review of sentence the Appeal Court may quash the sentence to which the appeal relates and pass in substitution for it any sentence that— (a) it thinks appropriate, and (b) is a sentence that the Court Martial had power to pass in respect of the offence. (3) But the Appeal Court may not exercise its powers under paragraph (2) to pass a sentence that exceeds— (a) if the appeal is made under section 304D(8) or (9) (review of sentence following offer of assistance) of the 2006 Act in relation to a referral under section 304D(4) of that Act, the sentence to which the referral relates, or (b) if the appeal is made under section 304E(7) or (8) (review of sentence following failure to assist) of the 2006 Act in relation to a referral under section 304E(2) of that Act, the sentence that the Court Martial would have passed but for the agreement to give assistance.
7 Appeals against review of sentence
(1) Where, on a single occasion, the Court Martial passes two or more sentences on an offender, an appeal or application for leave to appeal against a review of any of those sentences is to be treated as an appeal or application in respect of both or all of them. (2) On appeal against a review of sentence the Appeal Court may quash the sentence to which the appeal relates and pass in substitution for it any sentence that— (a) it thinks appropriate, and (b) is a sentence that the Court Martial had power to pass in respect of the offence. (3) But the Appeal Court may not exercise its powers under paragraph (2) to pass a sentence that exceeds— (a) if the appeal is made under section 304D(8) or (9) (review of sentence following offer of assistance) of the 2006 Act in relation to a referral under section 304D(4) of that Act, the sentence to which the referral relates, or (b) if the appeal is made under section 304E(7) or (8) (review of sentence following failure to assist) of the 2006 Act in relation to a referral under section 304E(2) of that Act, the sentence that the Court Martial would have passed but for the agreement to give assistance.
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