SCHEDULES

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

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In section 21 (appeal against finding of not guilty by reason of insanity)—

a

in subsection (1)—

i

for “court-martial” substitute “ the Court Martial ”;

ii

omit the words from “; and in relation to” to the end;

b

after that subsection insert—

1A

On an appeal under this section the Appeal Court—

a

shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and

b

shall dismiss the appeal in any other case.

1B

Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly).

c

in subsection (2) before “opinion” insert “ the ”.