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

Detention of offender on appeal to Appeal Court

6.—(1) This regulation applies where all of the following criteria apply—

(a)the Court Martial has substituted a lesser sentence in accordance with section 304D(6) of the 2006 Act (the “decision under appeal”);

(b)the Appeal Court has granted the Director of Service Prosecutions permission to appeal;

(c)the Director of Service Prosecutions seeks a longer sentence than that substituted by the Court Martial; and

(d)the effect of the substituted sentence is such that it is likely that the offender will be liable to be released prior to the conclusion of the appeal proceedings.

(2) Where this regulations applies, the Appeal Court may make one of the following orders—

(a)an order providing for the detention of the offender so long as the appeal is pending;

(b)an order directing that, so long as the appeal is pending, the offender is not to be released except on bail.

(3) Where an order under paragraph (2)(b) is made, the Appeal Court may grant the offender bail, from the end of the substituted sentence, pending the appeal.

(4) An order under paragraph (2)(a) or (b), unless the appeal has previously been disposed of, is to cease to have effect at the expiration of the period for which the offender would have been liable to be detained but for the decision under appeal.

(5) Where an order is made under this regulation for the detention of a person who, but for the decision under appeal, would be liable to be detained in pursuance of an order or direction under United Kingdom mental health legislation (see paragraph (6))—

(a)the order must authorise that person’s continued detention in pursuance of that order or direction, and

(b)the relevant provisions of that legislation with respect to persons liable to be detained under it (including provision as to the renewal of authority for detention and the removal or discharge of patients) apply accordingly.

(6) The legislation referred to in paragraph (5) above is—

(a)Part III of the Mental Health Act 1983;

(b)the Mental Health (Care and Treatment) (Scotland) Act 2003(1);

(c)the Mental Health (Northern Ireland) Order 1986(2).

(7) The provisions of the Mental Health Act 1983(3) with respect to community treatment orders (within the meaning of that Act) also apply for the purposes of paragraph (5).

(8) The offender is not liable to be detained again as a result of the decision of the Appeal Court on appeal if the Appeal Court has made an order within paragraph (2)(a) or (b) but the order has ceased to have effect by virtue of paragraph (4) or the offender has been released or discharged by virtue of paragraph (5).