The Armed Forces (Appeals Against Review of Sentence) Regulations 2024

1. Introductory Text

2. Part 1 Citation, commencement, extent and interpretation

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. Part 2 Appeals from the Court Martial under section 304D or 304E of the Armed Forces Act 2006

   1. Chapter 1 Initiating appeals

      1. 3. Application of these Regulations

      2. 4. Application for leave to appeal

      3. 5. Consideration of application by Appeal Court

      4. 6. Detention of offender on appeal to Appeal Court

   2. Chapter 2 Disposal of appeal

      1. 7. Appeals against review of sentence

      2. 8. Terms of sentence passed under regulation 7

   3. Chapter 3 General procedural provisions

      1. 9. Right of offender to be present

      2. 10. Evidence

      3. 11. Power to call for report by member of the Court Martial

      4. 12. Other powers for facilitating the disposal of appeal

   4. Chapter 4 Costs

      1. 13. Costs against the Secretary of State

      2. 14. Legal costs

      3. 15. Costs against offender

      4. 16. Witnesses’ expenses

      5. 17. Offender’s expenses

      6. 18. Further provision about costs

      7. 19. Regulations under this Chapter

   5. Chapter 5 Supplementary

      1. 20. Powers under Part 2 that are exercisable by a single judge

      2. 21. Power which may be exercised by the registrar

      3. 22. Procedural directions: powers of single judge and registrar

      4. 23. Appeals against procedural directions

      5. 24. Provision of record of proceedings of the Court Martial

      6. 25. Defence of appeals

4. Part 3 Appeal from Court Martial Appeal Court to Supreme Court

   1. 26. Right of appeal

   2. 27. Application for leave to appeal

   3. 28. Hearing and disposal of appeal

   4. 29. Detention of offender on appeal to the Supreme Court

   5. 30. Presence of offender at hearing

   6. 31. Effect of appeal on sentence

   7. 32. Costs: application to Appeal Court by Director of Service Prosecutions

   8. 33. Costs: application to Appeal Court by offender

   9. 34. Costs: application to Supreme Court

   10. 35. Further provision about costs

   11. 36. Regulations under this Part

   12. 37. Powers under this Part which are exercisable by a single judge

5. Part 4 Miscellaneous, general and amendments

   1. 38. Appeals on behalf of deceased persons

   2. 39. Rules of Court

   3. 40. Duties of registrar with respect to appeals etc.

   4. 41. Removal of prisoners

   5. 42. Modification for protected prisoners of war

   6. 43. Amendment of the Court Martial Appeal Court (Bail) Order 2009

   7. 44. Amendment of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

6. Signature

7. Explanatory Note