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Changes over time for: Section 14
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 24/04/2009
Status:
Point in time view as at 28/03/2009. This version of this provision has been superseded.
Status
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Changes to legislation:
There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Section 14.
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14 Substitution of conviction on different charge [otherwise than after guilty plea].U.K.
(1)[This section applies where an appellant has been convicted of an offence [to 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 [on an appeal against conviction] that the court-martial must have been satisfied of facts which proved him guilty of that other offence.]
[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 [court-martial] [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] [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.] [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.]
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