Paragraph 3 Forwarding an appeal to the prosecuting authority
When the higher authority receives a notice of appeal against conviction or sentence (or both) lodged under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976f1, he shall forward the notice to the prosecuting authority with a view to the appeal being heard by a court-martial.
On receipt of a notice under paragrph (1) above, the prosecutor shall determine whether the appeal is to be heard by general court-martial or district court-martial.
Subject to rules 4 to 6 below, these Rules shall be complied with as if the charge which is the subject of the appeal were a charge preferred against the accused under section 83B(4)f2 of the Act.
Annotations
Footnotes
- f1
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1976 c. 52; Schedule 3 was amended by the Armed Forces Act 1996, section 5 and Schedule 1.
- f2
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Section 83B was inserted by the Armed Forces Act 1996, section 5 and Schedule 1.