Part IIAPPEALS FROM THE COURT MARTIAL
Disposal of appeal
12 Power to quash conviction as F1unsafe.
F2(1)
The Appeal Court—
(a)
shall allow an appeal against conviction by 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.
F513Power to re-sentence when some but not all convictions successfully appealed.
(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.
F614 Substitution of conviction on different charge F6otherwise than after guilty plea.
F7(1)
This 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 F8Court 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 F8Court Martial, F9any 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.
F1014ASubstitution of conviction on different charge after guilty plea
(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 F11court-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. F11Court 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.
F1215 Variation of conviction so as to attract different sentence.
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F1316Substitution of finding of insanity or findings of unfitness to stand trial etc.
(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 F14the 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.
F15(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).
F16(5)
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F17(6)
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F18F1916AAppeals against sentence.
(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.
F2017 Term of sentence passed under s. 13, 14 F20, 14A or 16A.
F21(1)
Unless 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.
F22(2)
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F2317A Appeals by civilians: application of Service Act provisions.
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