Neil Gunn [2019] EWCA Crim 1238

The applicant was convicted of battery and sentenced to a reduction in rank from Sergeant to Corporal. He was granted leave to appeal on the ground that he was in the RAF but was tried by a Court Martial consisting only of Army members. The key question goes to the relationship between the Armed Forces Act and the Queen’s Regulations and is a point which may well have repercussions for other cases and needs a proper exploration. Directions were therefore made for the appeal on this particular ground to be adjourned for full argument. Other grounds were considered and the renewed application on those grounds was refused.