# Armed Forces Act 2006, Section 286: Hearing of appeals from SCC


(1) This section applies in relation to appeals under section 285.
(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).
(3) An appeal against sentence is to be by way of a rehearing as respects sentence.
(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.
(5) The following may not be a member of the court hearing the appeal—
(a) the judge advocate who tried or sentenced the appellant;
(b) any other judge advocate before whom there was (in the proceedings under appeal) a hearing.
(6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence.
(7) In this section and section 287—
(a) “sentence” includes any order;
(b) references to the passing of a sentence include references to the making of an order.

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Source: https://www.legislation.gov.uk/ukpga/2006/52/section/286 (the official version)
Page: https://openlegislation.uk/armed-forces-act-2006/section-286
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.