s 273 Review of unduly lenient sentence by Court Martial Appeal Court
(1) If the Attorney General considers— (a) that a sentence passed by the Court Martial in respect of an offence under section 42 (criminal conduct) is unduly lenient, and (b) that condition A or B is satisfied, he may refer the case to the Court Martial Appeal Court for it to review the sentencing of the offender. (2) Condition A is that the corresponding offence under the law of England and Wales is under that law an offence which, if committed by an adult, is triable only on indictment. (3) Condition B is that the case is of a description specified for the purposes of this subsection in an order made by the Secretary of State. (4) A reference under subsection (1) may not be made without the leave of the Court Martial Appeal Court. (5) On a reference under subsection (1), the Court Martial Appeal Court may— (a) quash the sentence passed by the Court Martial; and (b) pass in substitution for it any sentence which the Court Martial Appeal Court thinks appropriate and which is a sentence that the Court Martial had power to pass in respect of the offence. (6) For the purposes of subsection (1)(a), the Attorney General may consider that a sentence passed by the Court Martial is unduly lenient if he considers— (a) that the Court Martial erred in law as to its powers of sentencing; or (b) that the sentence is not that required by — (i) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (ii) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (iii) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (iv) section 313(2A) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (v) section 314(2A) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (vi) section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or (vii) section 227A(1A) or (2) (threatening with a weapon in public or on school premises); but nothing in this subsection limits subsection (1)(a). (7) Where a reference under subsection (1) relates to a case in which the Court Martial made a minimum term order under section 321 of the Sentencing Code , the Court Martial Appeal Court may not, in deciding what sentence is appropriate for the case, make any allowance for the fact that the offender is being sentenced for a second time. (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The reference in subsection (1)(a) to a sentence passed by the Court Martial does not include one passed on an appeal under section 285 (appeal from Service Civilian Court). (9) In this section and section 274 “ sentence ” includes any order made by a court when dealing with an offender.