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Courts-Martial (Appeals) Act 1968
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Version Superseded: 31/03/2005
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25 Disposal of appeal under s. 24.U.K.
(1)The following provisions of this section apply with respect to an appeal under section 24 of this Act.
(2)Where the question whether the accused was unfit to stand his trial was determined by the court-martial at a time later than on arraignment or, in the case of a naval court-martial, later than on the commencement of the trial, the appeal may be allowed (notwithstanding that the finding was properly come to) if the Appeal Court are of opinion that the case is one in which the court-martial should before that time have come to a finding of not guilty.
(3)If the Appeal Court are of the said opinion, they shall substitute a finding of not guilty (but not a finding of not guilty by reason of insanity) and the appellant shall then not be liable to be tried by a court-martial or by any other court for the offence with which he was charged.
(4)Where the appeal is allowed and the Appeal Court do not substitute a finding of not guilty, the appellant may be tried accordingly for the said offence; and if he is for the time being detained under [F1the Mental Health Act 1983], the [F2Mental Health (Scotland) Act 1984]or the Mental Health [F3(Northern Ireland) Order 1986], the Court may make such order as appears to them necessary or expedient pending any such trial for his continued detention under that Act [F4or Order].
Textual Amendments
F1Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 24(c)
F2Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 12
F3Words substituted by S.I. 1986/596, art. 6(a)
F4Words added by S.I. 1986/596, art. 6(c)
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