Criminal Law Legislation Update
| Author | Laura McGowan |
| DOI | 10.1350/jcla.2009.73.4.575 |
| Published date | 01 August 2009 |
| Date | 01 August 2009 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Armed Forces (Review of Court Martial Sentence) Order
2009 (SI 2009 No. 1168) was made on 5 May 2009 and comes into force
on 31 October 2009. Article 3 of the Order provides that any case of a
description specified in the Schedule to the Order shall be specified for
the purposes of s. 273(3) of the Armed Forces Act 2006. Section 273 of
the 2006 Act empowers the Attorney-General to refer cases to the Court
Martial Appeal Court, with the leave of that court, if he considers that
the sentence imposed by the Court Martial was unduly lenient and if the
corresponding offence under the law of England and Wales would be
indictable only or if the case is of a description specified for the purposes
of s. 273(3).
Paragraph 1 of the Schedule to the 2009 Order specifies any case
where the corresponding offence under the law of England and Wales is
one of the offences listed. Subject to para. 3 of the Schedule, ‘the
corresponding offence under the law of England and Wales’ has the
same meaning as in s. 42(8) of the 2006 Act.
Paragraph 2 of the Schedule to the 2009 Order specifies any case
where the corresponding offence under the law of England and Wales
consists of attempting the commission of an offence set out in para. 1(a)–
(d) or (f) or is an offence under s. 44 or 45 of the Serious Crime Act 2007
consisting of encouraging or assisting the commission of an offence set
out in para. 1(a)–(d) or (f).
Paragraphs 3 and 4 of the Schedule to the 2009 Order make transi-
tional provisions. The provisions in this Order are broadly equivalent to
those applied in the civilian court which are set out in Part 4 (Review of
Sentencing) of the Criminal Justice Act 1988 and the Criminal Justice
Act 1988 (Reviews of Sentencing) Order 2006.
The Armed Forces (Review of Court Martial Sentence) (Sup-
plementary Provision) Regulations 2009 (SI 2009 No. 1169) make
supplementary provision with respect to references under s. 273(1) of
the Armed Forces Act 2006 for a review of sentence by the Court Martial
Appeal Court where the Attorney-General considers a sentence
awarded by the Court Martial to be unduly lenient or references to the
Supreme Court under s. 274(1) of the Act on a point of law where the
Court Martial Appeal Court has concluded such a review. The Regula-
tions come into force on 31 October 2009.
* As at 14 May 2009.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
284 The Journal of Criminal Law (2009) 73 JCL 284–290
doi:1350/jcla.2009.73.4.575
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