Part IIF4APPEALS FROM THE COURT MARTIAL

Annotations:
Amendments (Textual)
F4

Pt. 2 heading 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. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Unfitness to stand trial

C324 Appeal against finding of unfitness.

C11

A person found by F5the 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.

F62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25F3Disposal of appeal under s. 24

1

This section applies to appeals under section 24 of this Act.

F71A

The Appeal Court—

a

shall allow an appeal against a finding if they think the finding is unsafe; and

b

shall dismiss such an appeal in any other case.

1B

If the Appeal Court allow an appeal against a finding they shall quash the finding.

2

Where the Appeal Court F8quash a finding that the appellant is unfit to stand trial—

a

the F9Court may make an order authorising the appellant to be tried for the offence with which he was charged; and

C2F10b

if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).

F113

Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.