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Section 14A Substitution of conviction on different charge after guilty pleaF1C1

E.W.

(1)

This section applies where—

(a)

an appellant has been convicted of an offence to which he pleaded guilty,

(b)

if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and

(c)

it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.

C2(2)

The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the F2court-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. Court Martial, any sentence that—

(a)

they think appropriate;

C3(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

Textual amendments

F1

S. 14A inserted (E.W.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 318(3), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(e)

F2

Words in s. 14A(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 13; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications

C1

S. 14A excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 114

C2

S. 14A(2) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 162(3)

C3

S. 14A(2)(b) modified by 2006 c. 52, Sch. 3A para. 15(1)(6)(7) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

Notes on Part II

Textual amendments

F1

Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4