Paragraph 16 I1I2

For section 16A (powers on appeals against sentence) substitute—

“Appeals against sentence

16A

(1)

Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.

(2)

On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—

(a)

they think appropriate; and

(b)

is a sentence that the Court Martial had power to pass in respect of the offence.

(3)

But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.”