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Changes over time for: Paragraph 26
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Status:
Point in time view as at 28/06/2022.
Changes to legislation:
Armed Forces Act 2006, Paragraph 26 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes to Legislation
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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.”
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