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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Version Superseded: 24/04/2009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Point in time view as at 28/03/2009. This version of this provision has been superseded.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 14. Help about Changes to Legislation

14 Substitution of conviction on different charge [F1otherwise than after guilty plea].U.K.

(1)[F2This section applies where an appellant has been convicted of an offence [F3to 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 [F4on an appeal against conviction] that the court-martial must have been satisfied of facts which proved him guilty of that other offence.]

[F2This 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 [F5court-martial] [F5Court 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 [F5court-martial] [F5Court Martial], [F6such 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.] [F6any 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

F1Words 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

F2S. 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

F3Words 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)

F5Words 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

F6Words 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

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