UK Offence Report

The Armed Forces (Review of Court Martial Sentence) Order 2009

UK Statutory Instrument 2009 No. 1168 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
5 May 2009
In force from
31 October 2009
Extent
Not stated
Subject
Miscellaneous
Made under
Armed Forces Act 2006

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Section 273 of the Armed Forces Act 2006 (“the 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 section 273(3). Article 3 of this Order provides that any case of a description specified in the Schedule to this Order shall be specified for the purposes of section 273(3) of the Act. Paragraph 1 of the Schedule specifies any case where the corresponding offence under the law of England and Wales is one of the offences listed. Subject to paragraph 3, “the corresponding offence under the law of England and Wales” has the same meaning in this Order as in section 42(8) of the Act. Paragraph 2 of the Schedule 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 paragraph 1(a) to (d) or paragraph 1(f) or is an offence under section 44 or 45 of the Serious Crime Act 2007 consisting of encouraging or assisting the commission of an offence set out in paragraph 1(a) to (d) or paragraph 1(f). Paragraphs 3 and 4 of the Schedule make transitional 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 (c. 33) and the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116).

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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