Article 106A Review of sentence proceedingsF1

(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.

Annotations

Textual amendments

F1: Pt. 14A inserted (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 44(2); S.I. 2024/562, reg. 2