# Courts-Martial (Appeals) Act 1968, Section 25: Disposal of appeal under s. 24

Extent: E+W+S+N.I.

(1) This section applies to appeals under section 24 of this Act.
(1A) The Appeal Court—
(a) shall allow an appeal against a finding if they think the finding is unsafe; and
(b) shall dismiss such an appeal in any other case.
(1B) If the Appeal Court allow an appeal against a finding they shall quash the finding.
(2) Where the Appeal Court quash a finding that the appellant is unfit to stand trial—
(a) the Court may make an order authorising the appellant to be tried for the offence with which he was charged; and
(b) if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).
(3) Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.

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Source: https://www.legislation.gov.uk/ukpga/1968/20/section/25 (the official version)
Page: https://openlegislation.uk/courts-martial-appeals-act-1968/section-25
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.