Criminal Appeal Act 1995

5 (1) The Courts-Martial (Appeals) Act 1968 shall be amended as follows. E+W

(2) In section 12 (disposal of appeal against conviction by court-martial), for subsection (1) (grounds on which Courts-Martial Appeal Court are to allow or dismiss appeal), including the proviso, substitute—

“(1) The Appeal Court—

(a) shall allow an appeal against conviction by court-martial if they think that the conviction is unsafe; and

(b) shall dismiss such an appeal in any other case.”,

and, in the side-note, for “wrong in law, etc” substitute “ unsafe ”.

(3) In section 28 (evidence)—

(a) in subsection (1) (power to receive evidence etc.), for paragraph (c) substitute—

“(c) receive any evidence which was not adduced at the trial.”,

(b) for subsection (2) (duty to receive evidence in certain circumstances) substitute—

“(2) The Appeal Court shall, in considering whether to receive any evidence, have regard in particular to—

(a) whether the evidence appears to the Court to be capable of belief;

(b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal;

(c) whether the evidence would have been admissible at the trial on an issue which is the subject of the appeal; and

(d) whether there is a reasonable explanation for the failure to adduce the evidence at the trial.”, and

(c) in subsection (3), after “any” insert “ evidence of a ”.