{
  "url": "https://openlegislation.uk/armed-forces-act-2006/section-286",
  "json_url": "https://openlegislation.uk/armed-forces-act-2006/section-286.json",
  "legislation": "ukpga/2006/52",
  "legislation_title": "Armed Forces Act 2006",
  "legislation_url": "https://openlegislation.uk/armed-forces-act-2006",
  "path": "section/286",
  "kind": "section",
  "number": "286",
  "heading": "Hearing of appeals from SCC",
  "text": "(1) This section applies in relation to appeals under section 285.\n(2) An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence).\n(3) An appeal against sentence is to be by way of a rehearing as respects sentence.\n(4) Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial.\n(5) The following may not be a member of the court hearing the appeal—\n(a) the judge advocate who tried or sentenced the appellant;\n(b) any other judge advocate before whom there was (in the proceedings under appeal) a hearing.\n(6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.\n(7) In this section and section 287—\n(a) “sentence” includes any order;\n(b) references to the passing of a sentence include references to the making of an order.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "S. 286(4) modified (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 14 para. 9; S.I. 2015/778, art. 3, Sch. 1 para. 80"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 286 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 286 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2006/52/section/286",
    "retrieved_at": "2026-10-29T09:13:24.063324+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}