Commentary First Group of Parts – Discipline Appeals from Service Civilian Court Section 287: Findings made and sentences passed by Court Martial on appeal from SCC
562.This section provides that any finding made or sentence passed by the Court Martial on an appeal replaces the finding or sentence of the SCC. It also provides that a sentence passed on an appeal runs from the time from which it would have run if it had been imposed by the SCC, unless the Court Martial directs otherwise. Where a sentence is passed on an appeal against sentence, the person is to be treated (for the purposes of enabling him to appeal against sentence) as if he had been convicted by the Court Martial of the offence for which the sentence was passed. This is because there is a right of appeal against sentence under the 1968 Act only for persons convicted by the Court Martial.