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Courts-Martial (Appeals) Act 1951

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6Powers of the Court in special cases

(1)If it appears to the Court that an appellant, though not properly convicted on some charge preferred against him before the court-martial by which he was tried, was properly convicted on some other charge so preferred, then, if the sentence passed by the court-martial on the appellant was not warranted by the relevant Act for the offence of which he was convicted on the other charge, the Court shall pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence so warranted as they think proper.

(2)Where an appellant has been convicted of an offence and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Court that the court-martial must have been satisfied of facts which proved him guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the other offence and pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Act for that other offence but not being a sentence of greater severity.

(3)Where—

(a)an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Court that the court-martial by which he was tried ought to have found him guilty of the offence as being committed under circumstances involving the lower degree of punishment ; or

(b)an appellant has been convicted of an offence and it appears to the Court that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations;

the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment or, as the case may be, guilty of the offence subject to exceptions or variations and: pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Act for the offence specified or involved in the substituted finding, but not being a sentence of greater severity.

(4)If, on an appeal, it appears to the Court that, although the appellant was guilty of the act or omission charged against him, he was insane at the time the act was done or the omission made so as not to be responsible according to law for his actions, the Court may quash the sentence passed at the trial and order the appellant to be kept in custody under section sixty-eight of the Naval Discipline Act, section one hundred and thirty of the Army Act or section one hundred and thirty of the Air Force Act, as the case may require, in like manner as on a special finding of insanity by the court-martial by which the appellant was convicted.

(5)The term of any sentence passed by the Court under any of the foregoing provisions of this section shall, unless the Court otherwise direct, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought, and a sentence passed by the Court as aforesaid shall—

(a)if passed on an appeal against a conviction by a naval court-martial, be deemed, for the purposes of the Naval Discipline Act, to be a sentence passed by such a court-martial ; and

(b)if passed on an appeal against a conviction by an army or air force court-martial, be deemed, for the purposes of the Army Act or the Air Force Act, as the case may be, to be a sentence passed by an army or, as the case may be, an air force court-martial, being a sentence that has been confirmed.

(6)In this section the expression " the relevant Act" means, in relation to an appellant, the Act under which he was tried.

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