PART 15APPEALS AND REFERENCES TO THE COURT MARTIAL APPEAL COURT
Substitution of conviction on different charge after guilty plea114
1
This article applies, and section 14A of CMAA 1968 does not apply, where—
a
an appellant has been convicted by a court-martial of an offence to which he pleaded guilty (“offence A”);
b
if he had not so pleaded, he could lawfully have pleaded guilty to, or been found guilty of, some other offence (“offence B”); and
c
it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of offence B.
2
The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of offence B.
3
Where the Appeal Court exercises the power conferred by paragraph (2), it may exercise any power that it would have had if—
a
the appellant had been charged with, and had pleaded guilty to, offence B instead of offence A;
b
the court-martial had passed, in respect of offence B (and any other offence in respect of which the sentence in respect of offence A was passed), the sentence that it passed in respect of offence A; and
c
the appellant had appealed against that sentence.