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Courts-Martial (Appeals) Act 1968

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Changes over time for: Section 13

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Version Superseded: 24/04/2009

Status:

Point in time view as at 28/03/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Section 13. Help about Changes to Legislation

13 [F1Adjustment of sentence in case of conviction on two or more charges[F1Power to re-sentence when some but not all convictions successfully appealed]].U.K.

[F1Where—

(a)it appears to the Appeal Court [F2on 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.]

[F1(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

F1S. 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

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