Criminal Justice Act 2003

318 Substitution of conviction on different charge on appeal from court-martial

(1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

(2) In section 14 (substitution of conviction on different charge) in subsection (1) after “an offence” there is inserted “to which he did not plead guilty”.

(3) After section 14 there is inserted—

“14A Substitution of conviction on different charge after guilty plea

(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 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.”