Courts-Martial (Appeals) Act 1968
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Change 1
21 Appeal against finding of not guilty by reason of insanity.
(1) A person who has been tried by the Court Martial for an offence and been found not guilty by reason of insanity may, with the leave of the Appeal Court, appeal to the Court against the finding... (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). (2) Where apart from this subsection— (a) an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and (b) none of the grounds for allowing it relates to the question of the insanity of the appellant, the Appeal Court may dismiss the appeal if they are of the opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.
21 Appeal against finding of not guilty by reason of insanity.
(1) A person who has been tried by the Court Martial for an offence and been found not guilty by reason of insanity may, with the leave of the Appeal Court, appeal to the Court against the finding... (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). (2) Where apart from this subsection— (a) an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and (b) none of the grounds for allowing it relates to the question of the insanity of the appellant, the Appeal Court may dismiss the appeal if they are of the opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.
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