Commentary First Group of Parts – Discipline Appeals from Service Civilian Court Section 286: Hearing of appeals from SCC
560.An appeal against conviction is to be by way of rehearing of the charge (including a rehearing in respect to sentence), so that all of the evidence is reheard by the Court Martial. An appeal against sentence is to be by way of a rehearing as respects sentence, so that only evidence relevant to sentencing will be reheard. The section stipulates which judge advocates are not permitted to be a member of the court hearing an appeal because of prior involvement in a case.
561.The section also provides that those parts of the Act that are concerned with Court Martial trial and sentencing apply to appeals as they do to trials by the Court Martial, subject to any modification contained in Court Martial rules. Furthermore, the Court Martial may only pass a sentence that the SCC had the power to pass in respect of the offence, although this may be a more severe sentence than that actually imposed by the SCC. This power mirrors that of the Crown Court on appeal from a magistrates’ court.