Armed Forces Act 2006

26 (1) Section 25 (disposal of appeals under section 24) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1A) 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.”

(3) In subsection (2)—

(a) for “allow an appeal against” substitute “ quash ”;

(b) in paragraph (a) for “appellant may be tried accordingly” substitute “ Court may make an order authorising the appellant to be tried ”;

(c) for paragraph (b) substitute—

“(b) 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).”

(4) For subsection (3) substitute—

“(3) 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.”

Commencement Information

I1 Sch. 8 para. 26 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 Sch. 8 para. 26 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4