# The Courts-Martial (Army) Rules 1997, Paragraph 3: Forwarding an appeal to the prosecuting authority


(1) 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 1976, he shall forward the notice to the prosecuting authority with a view to the appeal being heard by a court-martial.
(2) 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.
(3) 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) of the Act.

---
Source: https://www.legislation.gov.uk/uksi/1997/169/schedule/6/paragraph/3 (the official version)
Page: https://openlegislation.uk/courts-martial-army-rules-1997/schedule-6/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

