Courts-Martial (Appeals) Act 1968
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Change 1
34 Reference of cases by Service authorities.
(1) If, in the case of the conviction of a person by the Court Martial,— (a) it appears to ... the Judge Advocate General that the finding of the Court Martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or (b) it appears to the Secretary of State, upon consideration of matters appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Appeal Court, the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court. (2) A reference to the Appeal Court under subsection (1) above shall, for all purposes other than that of section 32 of this Act, be treated as an appeal by the person convicted against his conviction. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by the Court Martial to the Appeal Court. (5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.
34 Reference of cases by Service authorities.
(1) If, in the case of the conviction of a person by the Court Martial,— (a) it appears to ... the Judge Advocate General that the finding of the Court Martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or (b) it appears to the Secretary of State, upon consideration of matters appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Appeal Court, the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court. (2) A reference to the Appeal Court under subsection (1) above shall, for all purposes other than that of section 32 of this Act, be treated as an appeal by the person convicted against his conviction. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by the Court Martial to the Appeal Court. (5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.
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