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Courts-Martial (Appeals) Act 1968

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Changes over time for: Section 14A

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Version Superseded: 24/04/2009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Point in time view as at 28/03/2009. This version of this provision has been superseded.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

[F114ASubstitution of conviction on different charge after guilty pleaE.W.

(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 [F2court-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.] [F2Court 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.]]

Textual Amendments

F2Words in s. 14A(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. 13; 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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