Part IIF4APPEALS FROM THE COURT MARTIAL
Unfitness to stand trial
C324 Appeal against finding of unfitness.
C11
F62
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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
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.
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