SCHEDULES

SCHEDULE 8Amendment of the Courts-Martial (Appeals) Act 1968

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1

Section 25 (disposal of appeals under section 24) is amended as follows.

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.