Explanatory note

Section 273 of the Armed Forces Act 2006 (“the Act”) empowers the Attorney General to refer cases to the Court Martial Appeal Court, with the leave of that court, if he considers that the sentence imposed by the Court Martial was unduly lenient and if the corresponding offence under the law of England and Wales would be indictable only or if the case is of a description specified for the purposes of section 273(3).

Article 3 of this Order provides that any case of a description specified in the Schedule to this Order shall be specified for the purposes of section 273(3) of the Act.

Paragraph 1 of the Schedule specifies any case where the corresponding offence under the law of England and Wales is one of the offences listed. Subject to paragraph 3, “the corresponding offence under the law of England and Wales” has the same meaning in this Order as in section 42(8) of the Act.

Paragraph 2 of the Schedule specifies any case where the corresponding offence under the law of England and Wales consists of attempting the commission of an offence set out in paragraph 1(a) to (d) or paragraph 1(f) or is an offence under section 44 or 45 of the Serious Crime Act 2007 consisting of encouraging or assisting the commission of an offence set out in paragraph 1(a) to (d) or paragraph 1(f).

Paragraphs 3 and 4 of the Schedule make transitional provisions.

The provisions in this Order are broadly equivalent to those applied in the civilian court which are set out in Part 4 (Review of Sentencing) of the Criminal Justice Act 1988 (c. 33) and the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116).