SCHEDULES

SCHEDULE 8Amendment of the Courts-Martial (Appeals) Act 1968

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1

Section 14 (substitution of conviction on different charge) is amended as follows.

2

In the sidenote, at the end add “ otherwise than after guilty plea ”.

3

For subsection (1) substitute—

1

This section applies where—

a

an appellant has been convicted of an offence to which he did not plead guilty;

b

the Court Martial could lawfully have found him guilty of some other offence; and

c

it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.

4

In subsection (2)—

a

for “court-martial” in both places substitute “ Court Martial ”;

b

for the words from “such sentence as” to the end substitute

any sentence that—

a

they think appropriate;

b

is a sentence that the Court Martial would have had power to pass in respect of that other offence; and

c

is not more severe than the sentence passed by the Court Martial.