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Courts-Martial (Appeals) Act 1968

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Changes over time for: Section 14

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Version Superseded: 28/03/2009

Status:

Point in time view as at 31/03/2005. This version of this provision has been superseded.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 14. Help about Changes to Legislation

14 Substitution of conviction on different charge.U.K.

(1)This section applies where an appellant has been convicted of an offence [F1to 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 [F2on an appeal against conviction] that the court-martial must have been satisfied of facts which proved him guilty of that other offence.

(2)The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-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 court-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.

Textual Amendments

F1Words 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)

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