Courts-Martial (Appeals) Act 1968
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Change 1
25 Disposal of appeal under s. 24
(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.
25 Disposal of appeal under s. 24
(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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