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Paragraph 12 I1I2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Section 14 (substitution of conviction on different charge) is amended as follows.

(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.”

Annotations

Commencement

I1

Sch. 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)

I2

Sch. 8 para. 12 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Notes on the whole Act

Textual amendments

F1

Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)