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Courts-Martial (Appeals) Act 1968

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Changes over time for: Cross Heading: Disposal of appeal

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Version Superseded: 31/10/2009

Status:

Point in time view as at 24/04/2009.

Changes to legislation:

There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Cross Heading: Disposal of appeal. Help about Changes to Legislation

Disposal of appealU.K.

12 Power to quash conviction as [F1unsafe.]U.K.

[F2(1)The Appeal Court—

(a)shall allow an appeal against conviction by [F3court-martial] [F3the Court Martial] if they think that the conviction is unsafe; and

(b)shall dismiss such an appeal in any other case.]

(2)If the Appeal Court allow an appeal against conviction, they shall quash the conviction.

[F4(3)Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.]

Textual Amendments

F1Word in s. 12 sidenote substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(2); S.I. 1995/3061, art. 3 (with art. 4)

F2S. 12(1) substituted (1.1.1996) for s. 12(1) including the proviso by 1995 c. 35, s. 29(1), Sch. 2 para. 5(2); S.I. 1995/3061, art. 3 (with art. 4)

F3Words in s. 12(1)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 10(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4S. 12(3) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 10(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 12(1)(a) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 111

13 [F5Adjustment of sentence in case of conviction on two or more charges[F5Power to re-sentence when some but not all convictions successfully appealed]].U.K.

[F5Where—

(a)it appears to the Appeal Court [F6on an appeal against conviction] that an appellant, though not properly convicted on some charge preferred against him before the court-martial by which he was tried, was properly convicted on some other charge so preferred; and

(b)the sentence passed by the court-martial on the appellant was not warranted by the relevant Service Act for the offence of which he was convicted on the other charge,

the Court shall pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence so warranted as they think proper.]

[F5(1)This section applies where—

(a)on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and

(b)the Appeal Court allow an appeal against conviction in respect of some but not all of the offences.

(2)The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass.

(3)But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a).

(4)The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.]

Textual Amendments

F5S. 13 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 11; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C2S. 13 excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 112

14 Substitution of conviction on different charge [F7otherwise than after guilty plea].U.K.

(1)[F8This section applies where an appellant has been convicted of an offence [F9to which he did not plead guilty] and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Appeal Court [F10on an appeal against conviction] that the court-martial must have been satisfied of facts which proved him guilty of that other offence.]

[F8This section applies where—

(a)an appellant has been convicted of an offence to which he did not plead guilty;

(b)the Court Martial could lawfully have found him guilty of some other offence; and

(c)it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.]

(2)The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the [F11court-martial] [F11Court Martial] a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the [F11court-martial] [F11Court Martial], [F12such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.] [F12any sentence that—

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.]

Textual Amendments

F7Words in s. 14 added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F8S. 14(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9Words in s. 14(1) inserted (E.W.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 318(2), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(e)

F11Words in s. 14(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F12Words in s. 14(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(4)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C3S. 14 excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 113

[F1314ASubstitution of conviction on different charge after guilty pleaE.W.

(1)This section applies where—

(a)an appellant has been convicted of an offence to which he pleaded guilty,

(b)if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and

(c)it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.

(2)The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the [F14court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity.] [F14Court Martial, any sentence that—

(a)they think appropriate;

(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

(c)is not more severe than the sentence passed by the Court Martial.]]

Textual Amendments

F14Words in s. 14A(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 13; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C4S. 14A excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 114

15 Variation of conviction so as to attract different sentence.U.K.

[F15(1)Where an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Appeal Court [F16on an appeal against conviction] that the court-martial by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.

(2)Where an appellant has been convicted of an offence and it appears to the Appeal Court [F16on an appeal against conviction] that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence subject to exceptions or variations.

(3)Where the Appeal Court exercise the power conferred by subsection (1) or subsection (2) above, they may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for the offence specified or involved in the substituted finding, but not a sentence of greater severity.]

Textual Amendments

F15S. 15 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 14, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C5S. 15(1)(2) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 115

[F1716Substitution of finding of insanity or findings of unfitness to stand trial etc.U.K.

(1)This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of [F18the] opinion—

(a)that the proper finding would have been one of not guilty by reason of insanity; or

(b)that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him.

[F19(2)The Appeal Court shall make in respect of the appellant—

(a)a hospital order (with or without a restriction order);

(b)a supervision order; or

(c)an order for his absolute discharge.

(3)Where—

(a)the offence to which the appeal relates is an offence the sentence for which is fixed by law, and

(b)the Appeal Court have power to make a hospital order,

the Appeal Court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

(4)The provisions of, or made under, the sections specified below shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial.

The sections are—

(c)where the relevant Service Act is the Army Act, sections 116B to 116D of that Act;

(d)where the relevant Service Act is the Air Force Act, sections 116B to 116D of that Act;

(e)where the relevant Service Act is the Naval Discipline Act, sections 63B to 63D of that Act.]

[F19(1A)The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against—

(a)a finding of not guilty by reason of insanity; or

(b)findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him.

(2)Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies.

(3)Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).]

(5)Where the Appeal Court make an interim hospital order by virtue of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by [F20a judicial officer] [F20the Court Martial] and not by the Appeal Court; and

(b)section 38(7) of the Mental Health Act 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to [F20a judicial officer] [F20the Court Martial].

(6)[F21Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.]]

Textual Amendments

F18Word in s. 16(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F19S. 16(1A)-(3) substituted for (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F20Words in s. 16(5) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F21S. 16(6) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(d), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F2216A [F23Powers on appeals against sentence[F23Appeals against sentence]].U.K.

[F23On an appeal against sentence the Appeal Court, if they consider that the sentence is not appropriate for the case, may quash the sentence and pass in substitution for it such sentence as they think is appropriate, being a sentence which the court-martial had power to pass and which is not of greater severity than that for which it is substituted.]]

[F23(1)Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.

(2)On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—

(a)they think appropriate; and

(b)is a sentence that the Court Martial had power to pass in respect of the offence.

(3)But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.]

Textual Amendments

F23S. 16A substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 16; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C6S. 16A modified by 1957 c. 53, s. 91A(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 31)

C7S. 16A modified by 1976 c. 52, Sch. 3 para. 21(5)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 27)

C8S. 16A modified by 1955 c. 19, s. 120ZA(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 25)

C9S. 16A modified by 1955 c. 18, s. 120ZA(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 25)

C10S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 231(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C11S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 235(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C12S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 192(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C13S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 268(6), 383(2) (with s. 271(1)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C14S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 216(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C15S. 16A(1) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 116

C16S. 16A(2)(3) excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 117

17 Term of sentence passed under s. 13, 14 [F24or 15] [F24, 14A or 16A].U.K.

(1)[F25The term of any sentence passed by the Appeal Court under section 13, 14 [F2615 or 16A] of this Act shall, unless the Court otherwise direct, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal was brought.]

[F25Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence.]

(2)[F27A sentence passed by the Appeal Court under any of those sections shall—

(a)if passed on an appeal against conviction by a [F28or the sentence of]a naval court-martial, be deemed, for purposes of the M1Naval Discipline Act, to be a sentence passed by such a court-martial; and

(b)if passed on an appeal against conviction by [F28or the sentence of]an army or air force court-martial, be deemed for purposes of the M2Army Act or the M3Air Force Act, as the case may be, to be a sentence passed by an army, or as the case may be, an air force court-martial, F29. . ..]

Textual Amendments

F24Words in s. 17 sidenote substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F25S. 17(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F27S. 17(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(c), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F29Words in s. 17(2)(b) repealed (1.4.1997) by 1996 c. 46, s. 35(2), SCh. 7 Pt. II; S.I. 1997/304, art. 2(with art. 3)

Modifications etc. (not altering text)

C17S. 17 applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(4)

C18S. 17(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 118

Marginal Citations

[F3017A Appeals by civilians: application of Service Act provisions.U.K.

[F31For the avoidance of doubt, the exercise of the power conferred by sections 13, 14, 15 and 16A above, in relation to an order under Schedule 5A to the M4Army Act 1955, Schedule 5A to the M5Air Force Act 1955 or Schedule 4A to the M6Naval Discipline Act 1957 (powers of court on trial of civilians) shall be subject to the restrictions contained in paragraph 15 of each of those Schedules.]]

Textual Amendments

F30S. 17A substituted (1.4.1997 with savings) by 1996 c. 46, s. 17(3); S.I. 1997/304, art. 2 (with art. 3)

F31S. 17A repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 18, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

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