SCHEDULES
SCHEDULE 2 Minor and consequential amendments
The Courts-Martial (Appeals) Act 1968 (c.20)
5
1
The Courts-Martial (Appeals) Act 1968 shall be amended as follows.
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.
c
in subsection (3), after “any” insert “
evidence of a
”
.