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- Point in Time (31/03/2005)
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Version Superseded: 28/03/2009
Point in time view as at 31/03/2005.
There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Cross Heading: Unfitness to stand trial.
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(1)A person found by a court-martial to be unfit to stand [F1trial and to have done the act or made the omission charged against him] may, with the leave of the Appeal Court, appeal to the Court against [F2either or both of those findings].
(2)In relation to an appeal under this section, this Part of this Act, except [F3section 8(2) and] sections 13 to 16, shall apply (subject to section 25 below) as it applies in relation to an appeal by a person convicted against his conviction (with the necessary adaptations of references to a person convicted or to conviction).
Textual Amendments
F1Words in s. 24(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 11(2)(a) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
F2Words in s. 24(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 11(2)(b) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
F3Words in s. 24(2) inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 11(3) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
(1)This section applies to appeals under section 24 of this Act.
(2)Where the Appeal Court allow an appeal against a finding that the appellant is unfit to stand trial—
(a)the appellant may be tried accordingly for the offence with which he was charged; and
(b)the Court may make such orders as appear to them necessary or expedient pending any such trial for the custody, release or continued detention of the appellant.
(3)Where, otherwise than in a case falling within subsection (2) above, the Appeal Court allow an appeal against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a finding of not guilty to be recorded (but not a finding of not guilty by reason of insanity).]
Textual Amendments
F4S. 25 substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 12 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
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