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Paragraph 22 I1I2

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

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 ”.

Annotations

Commencement

I1

Sch. 8 para. 22 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. 22 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)