# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 106A: Review of sentence proceedings


(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.

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Source: https://www.legislation.gov.uk/uksi/2009/1059/article/106A (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-106A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.