C1Part 9Sentencing: Principles and Procedures

Annotations:
Modifications etc. (not altering text)

Chapter 2Principles and Procedures applying to Service Courts Only

Financial punishments

269CF1Orders under section 269A or 269B against service parents or service guardians: appeals

1

This section applies where—

a

the Court Martial makes an order under section 268 in respect of a fine or service compensation order (fine or compensation to be paid by service parent or service guardian); and

b

the court also makes an order under section 269A or 269B (“a default term order”) in respect of the parent or guardian (“P”).

2

For the purposes of the Court Martial Appeals Act 1968—

a

the default term order is to be treated as a sentence passed on P for the offence in respect of which the fine or service compensation order was imposed; and

b

P is to be treated, for the purpose of enabling P to appeal against the default term order, as if P had been convicted of the offence by the Court Martial.

3

For the purposes of any appeal against the default term order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

4

On an appeal against the default term order, the Court Martial Appeal Court may (as an alternative to exercising its powers under section 16A(2) of that Act) quash the order; but this is subject to subsection (5).

5

If the default term order was made under section 269A, the power under subsection (4) may only be exercised if the court also quashes the order under section 268.