s 286 Hearing of appeals from SCC
(1) This section applies in relation to appeals under section 285. (2) An appeal against conviction is to be by way of a rehearing of the charge (including, where the appellant is convicted, a rehearing as respects sentence). (3) An appeal against sentence is to be by way of a rehearing as respects sentence. (4) Subject to subsections (5) and (6) and to such modifications as may be contained in Court Martial rules, Parts 7 to 9 of this Act apply in relation to appeals as they apply in relation to trials by the Court Martial. (5) The following may not be a member of the court hearing the appeal— (a) the judge advocate who tried or sentenced the appellant; (b) any other judge advocate before whom there was (in the proceedings under appeal) a hearing. (6) The Court Martial may only pass a sentence that the Service Civilian Court had power to pass in respect of the offence. (7) In this section and section 287— (a) “ sentence ” includes any order; (b) references to the passing of a sentence include references to the making of an order.