(1)The Appeal Court shall allow an appeal against conviction by court-martial if they think—
(a)that the finding of the court-martial under all the circumstances of the case is unsafe or unsatisfactory; or
(b)that the finding involves a wrong decision of a question of law; or
(c)that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal:
Provided that the Court may, notwithstanding that they are of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.
(2)If the Appeal Court allow an appeal against conviction, they shall quash the conviction.
Where—
(a)it appears to the Appeal Court [F1on an appeal against conviction] 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; and
(b)the sentence passed by the court-martial on the appellant was not warranted by the relevant Service 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.
Textual Amendments
F1Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(3)
(1)This section applies 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 Appeal Court [F2on an appeal against conviction] that the court-martial must have been satisfied of facts which proved him guilty of that other offence.
(2)The Appeal 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 may 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 Service Act for that other offence, but not a sentence of greater severity.
Textual Amendments
F2Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(3)
(1)Where an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Appeal Court [F3on an appeal against conviction] 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, 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.
(2)Where an appellant has been convicted of an offence and it appears to the Appeal Court [F3on an appeal against conviction] 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 subject to exceptions or variations.
(3)Where the Appeal Court exercise the power conferred by subsection (1) or subsection (2) above, they may 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 Service Act for the offence specified or involved in the substituted finding, but not a sentence of greater severity.
Textual Amendments
F3Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(3)
(1)This section applies in a case where, on an appeal [F4against conviction], the Appeal Court are of opinion—
(a)that the proper finding would have been a finding of not guilty by reason of insanity; or
(b)that the case is not one where there should have been a finding of not guilty, but that there should have been a finding that the accused was unfit to stand his trial.
(2)The Appeal Court shall order the appellant to be kept in custody under the relevant Service enactment in like manner as on a finding of not guilty by reason of insanity or a finding of unfitness to stand trial by the court-martial by which the appellant was convicted.
(3)In subsection (2) above, the “relevant Service enactment” means—
section 63 of the M1Naval Discipline Act;
section 116 of the M2Army Act; or
section 116 of the M3Air Force Act,
(being enactments which provide for a person to be kept in custody until the pleasure of Her Majesty is made known), according to whether the appellant was convicted by a naval, army or air force court-martial.
Textual Amendments
F4Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(4)
Marginal Citations
On an appeal against sentence the Appeal Court, if they consider that the sentence is not appropriate for the case, may quash the sentence and pass in substitution for it such sentence as they think is appropriate, being a sentence which the court-martial had power to pass and which is not of greater severity than that for which it is substituted.]
Textual Amendments
F5S. 16A added by Armed Forces Act 1971 (c. 33), s. 73(3)
(1)The term of any sentence passed by the Appeal Court under section 13, 14 [F615 or 16A] of this Act 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 was brought.
(2)A sentence passed by the Appeal Court under any of those sections shall—
(a)if passed on an appeal against conviction by a [F7or the sentence of]a naval court-martial, be deemed, for purposes of the M4Naval Discipline Act, to be a sentence passed by such a court-martial; and
(b)if passed on an appeal against conviction by [F7or the sentence of]an army or air force court-martial, be deemed for purposes of the M5Army Act or the M6Air 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.
Textual Amendments
F6Words substituted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(5)
F7Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(5)
Marginal Citations
Any reference to a sentence in section 13, 14, 15, 16A or 17 above includes a reference to an order under Schedule 5A to the Army Act, Schedule 5A to the Air Force Act or Schedule 4A to the Naval Discipline Act, but the exercise of the power conferred by sections 13, 14, 15 and 16A above shall be subject to the restrictions contained in paragraph 15 of each of those Schedules.]
Textual Amendments