Section 34 Reference of cases by Service authorities.C1

United Kingdom

If, in the case of the conviction of a person by F1the Court Martial,—

(a)

it appears to F2... the Judge Advocate General that the finding of the Court Martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or

(b)

it appears to the Secretary of State, upon consideration of matters appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Appeal Court,

F3the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court.

(2)

A reference to the Appeal Court under F4subsection (1) above shall, for all purposes F5other than that of section 32 of this Act, be treated as an appeal by the person convicted against his conviction.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(4)

The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by F8the Court Martial to the Appeal Court.

(5)

Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.

Annotations

Textual amendments

F1: Words in s. 34(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2: Words in s. 34(1)(a) repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(ii), Sch. 17; S.I. 2007/2913, art. 3
F3: Words in s. 34(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(iii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F4: Words substituted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(7)
F5: Words substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(2)
F6: S. 34(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F7: S. 34(4)(5) substituted for s. 34(4) (1.4.1997 with savings) by virtue of 1996 c. 46, s. 17(4); S.I. 1997/304, art. 2 (with art. 3)
F8: Words in s. 34(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications

C1: S. 34 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(2)
C2: S. 34(1)(2) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(3)
C3: S. 34(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(1)

Notes on Part II

Textual amendments

F1: Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4