# The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, Article 165: Appeals against re-sentence, etc


(1) Paragraph (2) applies where a person is sentenced by a court under this Chapter for an offence in respect of which an SDA order for conditional discharge was made.
(2) The person is to be treated, for the purpose of enabling the making of an appeal against the sentence under CMAA 1968 or section 285 of AFA 2006, as if the conviction of that offence had been by the court which sentenced the person under this Chapter.
(3) Paragraph 5 of Schedule 5A to AA 1955 and AFA 1955 and of Schedule 4A to NDA 1957 continues to have effect in relation to SDA orders for conditional discharge, but as if the references in sub-paragraphs (1)(i) and (6) to paragraph 3(2) or (3) were to this Chapter.

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Source: https://www.legislation.gov.uk/uksi/2009/1059/article/165 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006-transitional-provisions-etc-order-2009/article-165
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.