Armed Forces Act 2006

15 In section 16 (substitution of finding of insanity etc)—

(a) in subsection (1) after “are of” insert “the”;

(b) for subsections (2) to (4) substitute—

“(1A) The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against—

(a) a finding of not guilty by reason of insanity; or

(b) findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him.

(2) Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies.

(3) Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).”;

(c) in subsection (5) for “a judicial officer” in both places substitute “the Court Martial”;

(d) omit subsection (6).