Law

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

United Kingdom · regulation

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2024-05-07, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 7bda564f257d3b68bc78a62f7cc1a86384c8524b673741455c232e61a5688360

Contents: 45 provisions
  1. Title and introductory text
  2. 1 Citation, commencement and extent
  3. 2 Interpretation
  4. 3 Application of these Regulations
  5. 4 Application for leave to appeal
  6. 5 Consideration of application by Appeal Court
  7. 6 Detention of offender on appeal to Appeal Court
  8. 7 Appeals against review of sentence
  9. 8 Terms of sentence passed under regulation 7
  10. 9 Right of offender to be present
  11. 10 Evidence
  12. 11 Power to call for report by member of the Court Martial
  13. 12 Other powers for facilitating the disposal of appeal
  14. 13 Costs against the Secretary of State
  15. 14 Legal costs
  16. 15 Costs against offender
  17. 16 Witnesses’ expenses
  18. 17 Offender’s expenses
  19. 18 Further provision about costs
  20. 19 Regulations under this Chapter
  21. 20 Powers under Part 2 that are exercisable by a single judge
  22. 21 Power which may be exercised by the registrar
  23. 22 Procedural directions: powers of single judge and registrar
  24. 23 Appeals against procedural directions
  25. 24 Provision of record of proceedings of the Court Martial
  26. 25 Defence of appeals
  27. 26 Right of appeal
  28. 27 Application for leave to appeal
  29. 28 Hearing and disposal of appeal
  30. 29 Detention of offender on appeal to the Supreme Court
  31. 30 Presence of offender at hearing
  32. 31 Effect of appeal on sentence
  33. 32 Costs: application to Appeal Court by Director of Service Prosecutions
  34. 33 Costs: application to Appeal Court by offender
  35. 34 Costs: application to Supreme Court
  36. 35 Further provision about costs
  37. 36 Regulations under this Part
  38. 37 Powers under this Part which are exercisable by a single judge
  39. 38 Appeals on behalf of deceased persons
  40. 39 Rules of Court
  41. 40 Duties of registrar with respect to appeals etc.
  42. 41 Removal of prisoners
  43. 42 Modification for protected prisoners of war
  44. 43 Amendment of the Court Martial Appeal Court (Bail) Order 2009
  45. 44 Amendment of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Proposed changes to this act

No one has proposed a change to this act yet.

How this law is officially changed

Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.

45 provisions

40 Duties of registrar with respect to appeals etc.

(1) The registrar is to take all necessary steps for obtaining the determination of an appeal or application under these Regulations and must obtain and lay before the Appeal Court in proper form all documents, exhibits and other things relating to the proceedings in the Court Martial which appear necessary for the proper determination of the appeal or application. (2) The registrar must furnish the necessary forms and instructions relating to an application for leave to appeal under these Regulations to any person who demands them, to persons in charge of places where persons sentenced by the Court Martial may lawfully be confined for the purposes of serving their sentences and to such other persons as the registrar thinks fit. (3) Every person in charge of such place as is referred to in paragraph (2) above is to ensure the mentioned forms and instructions are placed at the disposal of persons confined in that place who wish to apply for leave to appeal to the Appeal Court or from the Appeal Court to the Supreme Court.

Propose a change

41 Removal of prisoners

Section 52 of the 1968 Act applies in respect of appeals under these Regulations as it applies in respect of appeals under Parts 2 and Part 3 of the 1968 Act.

Propose a change

42 Modification for protected prisoners of war

As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions Act 1957), these Regulations apply in relation to a prisoner of war court-martial constituted under a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications as may be contained in the Royal Warrant.

Propose a change

43 Amendment of the Court Martial Appeal Court (Bail) Order 2009

In the Court Martial Appeal Court (Bail) Order 2009, in Article 2, for the definition of “appeal” substitute— “appeal” means an appeal under— section 8(1) of the Court Martial Appeals Act 1968, or section 304D or 304E of the Armed Forces Act 2006, and “appellant” has a corresponding meaning; .

Propose a change

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

(1) The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 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”. .

Propose a change

← Find another law