153. Consequences where appeal under section 152 allowed

The following provisions shall have effect where an appeal against a finding of not guilty by reason of insanity is allowed by the Court of Appeal.

If the ground, or one of the grounds, for allowing the appeal is that the finding as to the appellant’s insanity ought not to stand and the Court of Appeal are of the opinion that the proper finding would have been a finding of guilty of an offence (whether the offence charged or any other offence of which the court-martial could have found him guilty), the court shall substitute for the finding of the court-martial a finding of guilty of that offence.

Subject to subsection (4), on substituting a finding of guilty of an offence, the Court of Appeal shall have the same powers of sentencing the appellant, and other powers, as the court-martial which tried him would have had on the same finding of guilty; and section 147 applies as in the case of a sentence passed by the court under section 143, 144 or 145.

The Court of Appeal shall not have power, by virtue of subsection (3), to impose sentence of death; and where apart from this subsection a sentence of death would be required by law, the sentence imposed by virtue of subsection (3) shall (whatever the circumstances) be one of imprisonment for life.

In any case where subsection (2) does not apply, the Court of