Courts-Martial (Appeals) Act 1968
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Change 1
14 Substitution of conviction on different charge otherwise than after guilty plea.
(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. (2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the Court Martial a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the Court Martial, 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.
14 Substitution of conviction on different charge otherwise than after guilty plea.
(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. (2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the Court Martial a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the Court Martial, 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.
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