# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 110: Application for leave to appeal against sentence by court-martial where previous conviction set aside


Section 228(3) of AFA 2006 applies, notwithstanding anything in section 9(1) of CMAA 1968, where—
(a) a court-martial has sentenced a person for an SDA civil offence;
(b) the corresponding civil offence was one to which section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 would apply;
(c) the court imposed a sentence of life imprisonment or custody for life in accordance with section 70(3A) of AA 1955 or AFA 1955 or section 42(1A) of NDA 1957; and
(d) any previous conviction of the person's without which section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 would not have applied to the corresponding civil offence has been subsequently set aside on appeal.

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Source: https://www.legislation.gov.uk/uksi/2009/1059/article/110 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-110
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.