Courts-Martial (Appeals) Act 1968
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Change 1
25B Disposal of appeal under s. 25A
(1) If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the Court Martial dealt with him— (a) they may quash any order which is the subject of the appeal; and (b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the Court Martial had power to make. (2) The fact that an appeal is pending against an interim hospital order ... shall not affect the power of the Court Martial to renew or terminate the order or deal with the appellant on its termination. (3) Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16. (4) The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.
25B Disposal of appeal under s. 25A
(1) If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the Court Martial dealt with him— (a) they may quash any order which is the subject of the appeal; and (b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the Court Martial had power to make. (2) The fact that an appeal is pending against an interim hospital order ... shall not affect the power of the Court Martial to renew or terminate the order or deal with the appellant on its termination. (3) Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16. (4) The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.
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