Part II
Disposal of appeal
Power to quash conviction as wrong in law, etc. 12.—(1) The Appeal Court shall allow an appeal against conviction by court-martial if they think—
- (a) that the finding of the court-martial under all the circumstances of the case is unsafe or unsatisfactory; or
- (b) that the finding involves a wrong decision of a question of law; or
- (c) that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal:
Provided that the Court may, notwithstanding that they are of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no miscarriage of justice has actually occurred.
(2) If the Appeal Court allow an appeal against conviction, they shall quash the conviction.
Adjustment of sentence in case of conviction on two or more charges. 13. Where—
- (a) it appears to the Appeal Court that an appellant, though not properly convicted on some charge preferred against him before the court-martial by which he was tried, was properly convicted on some other charge so preferred; and
- (b) the sentence passed by the court-martial on the appellant was not warranted by the relevant Service Act for the offence of which he was convicted on the other charge,
the Court shall pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence so warranted as they think proper.
Substitution of conviction on different charge. 14.—(1) This section applies where an appellant has been convicted of an offence and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Appeal Court that the court-martial must have been satisfied of facts which proved him guilty of that other offence.
(2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding 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.
