3.—(1) When the higher authority receives a notice of appeal against conviction or sentence (or both) lodged under paragraph 18(3) of Schedule 3 to the Armed Forces Act 1976(1), he shall forward the notice to the prosecuting authority with a view to the appeal being heard by a court-martial.
(2) On receipt of a notice under paragraph (1) above, the prosecutor shall determine whether the appeal is to be heard by general court-martial or district court-martial.
(3) Subject to rules 4 to 6 below, these Rules shall be complied with as if the charge which is the subject of the appeal were a charge preferred against the accused under section 83B(4)(2) of the Act.
1976 c. 52; Schedule 3 was amended by the Armed Forces Act 1996, section 5 and Schedule 1.
Section 83B was inserted by the Armed Forces Act 1996, section 5 and Schedule 1.