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Armed Forces Act 1971

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This is the original version (as it was originally enacted).

Schedule 2Amendments about Appeals against Sentence

Courts-Martial (Appeals) Act 1968

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

(2)In section 8(2)(a), after the word " quashed " there shall be inserted the words

or, as the case may require, that his sentence be quashed or (if a sentence of a naval court-martial) annulled.

(3)In sections 13(a), 14(1), 15(1), and 15(2), after the words "Appeal Court" there shall be inserted the words

on an appeal against conviction.

(4)In section 16(1), after the words " on an appeal " there shall be inserted the words

against conviction.

(5)In section 17(1), for the words " or 15 " there shall be substituted the words

15 or 16A

, and in section 17(2), after the words "conviction by", in both paragraphs, there shall be inserted the words

or the sentence of.

(6)In section 31(1), after the words " an appeal" there shall be inserted the words

other than an appeal against sentence.

(7)In section 34, the words " under subsection (1) above " shall be substituted for the words

this sectionin subsection (2), and the following subsection shall be added after subsection (3):—

(4)Where a person convicted by court-martial is a civilian as defined in section 8(5) of this Act, the Secretary of State may, if consideration thereof by the Appeal Court appears to him for any reason desirable, refer the sentence of the court-martial to the Court ; and any such reference shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.

(8)In Schedule 2—

(a)in paragraph 1(1), after the words " the right of appeal" there shall be inserted the words

against conviction and any right of appeal against sentence, and

(b)in paragraph 4, after the words " a conviction involving sentence of death " there shall be inserted the words

or against such a sentence itself,

and after the words "any such conviction" there shall be inserted the words

or sentence.

The Army Act 1955 and the Air Force Act 1955

2Section 113(3) of the Army Act 1955 and section 113(3) of the Air Force Act 1955 shall each be amended by inserting after the words

leave to appeal

where first occurring the words " against conviction or sentence ", and by adding at the end

or, as the case may be, to the sentence to which the application relates.

The Naval Discipline Act 1957

3Section 70(3) of the Naval Discipline Act 1957 shall be amended by inserting after the words

63(1)the words " or a sentence of a court-martial", after the words " the finding" the words " or sentence", and after the words " or finding" the words " or sentence ".

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