12(1)Section 14 (substitution of conviction on different charge) is amended as follows.U.K.
(2)In the sidenote, at the end add “ otherwise than after guilty plea ”.
(3)For subsection (1) substitute—
“(1)This section applies where—
(a)an appellant has been convicted of an offence to which he did not plead guilty;
(b)the Court Martial could lawfully have found him guilty of some other offence; and
(c)it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.”
(4)In subsection (2)—
(a)for “court-martial” in both places substitute “ Court Martial ”;
(b)for the words from “such sentence as” to the end substitute “any sentence that—
(a)they think appropriate;
(b)is a sentence that the Court Martial would have had power to pass in respect of that other offence; and
(c)is not more severe than the sentence passed by the Court Martial.”
Commencement Information
I1Sch. 8 para. 12 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 8 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4