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In force1984 Revised Edition
Contents

Part 7

142. Power to quash conviction as wrong in law etc.

(1)

The Court of Appeal shall allow an appeal against conviction by court-martial if the Court think that —

(a)

the finding of the court-martial under all the circumstances of the case is unsafe or unsatisfactory;

(b)

the finding involves a wrong decision of a question of law;

or

(c)

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 Court of Appeal allow an appeal against conviction, they shall quash the conviction.

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