Courts-Martial (Appeals) Act 1968
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Change 1
14A Substitution of conviction on different charge after guilty plea
(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. (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 court-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; (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.
14A Substitution of conviction on different charge after guilty plea
(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. (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 court-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; (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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