Courts-Martial (Appeals) Act 1968

SCHEDULES

Section 20.

SCHEDULE 1U.K. Provisions as to Retrial

Part IU.K. Navy

[F11U.K.Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless—

(a)all the parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).]

Textual Amendments

F1Sch. 1 para. 1 substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 7 para. 5; S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

2U.K.Where a person authorised to be retried is again convicted on the retrial, the court-martial by which he is convicted may pass in respect of the offence any sentence authorised by the M1Naval Discipline Act, not being a sentence of greater severity than that passed on the original conviction.

Marginal Citations

Part IIU.K. Army

[F23U.K.Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless—

(a)all the parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).]

Textual Amendments

F2Sch. 1 para. 3 substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 7 para. 6; S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

4U.K.Where a person authorised to be retried is again convicted on the retrial, the court-martial by which he is convicted may pass in respect of the offence any sentence authorised by the M2Army Act, not being a sentence of greater severity than that passed on the original conviction.

Marginal Citations

Part IIIU.K. Air Force

[F35U.K.Evidence given at the retrial of any person under section 19 of this Act shall be given orally if it was given orally at the original trial, unless—

(a)all the parties to the retrial agree otherwise;

(b)section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or

(c)the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion).]

Textual Amendments

F3Sch. 1 para. 5 substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 7 para. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

6U.K.Where a person authorised to be retried is again convicted on the retrial, the court-martial by which he is convicted may pass in respect of the offence any sentence authorised by the M3Air Force Act, not being a sentence of greater severity than that passed on the original conviction.

Marginal Citations

Part IVU.K. Provision applying to all three Services

7U.K.Where a person authorised under section 19 of this Act to be retried is convicted on retrial and sentenced to imprisonment or detention, there shall be taken into account in calculating the period for which he is liable to imprisonment or to be detained in pursuance of that sentence—

(a)any time before the original conviction was quashed which would have been taken into account in calculating the period for which he would have been liable to be imprisoned or detained in pursuance of a sentence of imprisonment or detention imposed at the original trial; and

(b)any time after the quashing of his original conviction which he has spent under close arrest awaiting retrial.

Section 55.

F4SCHEDULE 2U.K. Procedural and other Modifications for Capital Cases

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Section 56.

SCHEDULE 3U.K. Modifications in Relation to Prisoners of War

1U.K.In this Schedule “protected prisoner of war[F5has the same meaning as in section 7(1) of] the M4Geneva Conventions Act 1957; and “Royal Warrant” means a Royal Warrant governing the maintenance of discipline among prisoners of war.

Textual Amendments

F5Words in Sch. 3 para. 1 substituted (1.10.1996) by 1996 c. 46, s. 35(1), Sch. 6 para. 13; S.I. 1996/2474, art. 2 (with art. 3)

Marginal Citations

2U.K.In relation to a protected prisoner of war, this Act shall have effect as if the expression “army court-martial” included a prisoner of war court-martial constituted under a Royal Warrant.

3U.K.In relation to a protected prisoner of war this Act shall have effect as if a reference to a Royal Warrant were substituted—

(a)for any reference in section 13, 14[F6, 14A, 15 or 25A] to the relevant Service Act;

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)for the reference in section 17(2)(b) to the M5Army Act; and

(d)for the reference in section 37(2) to the enactment relating to the revision of the finding or sentence of an army court-martial.

[F83AU.K.In relation to a protected prisoner of war, sections 16 and 23 of this Act shall each have effect as if the following subsection were substituted for subsection (4)—

(4)The provisions of a Royal Warrant shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial.]

4U.K.Paragraph 3(1) of Schedule 2 to this Act shall not have effect in relation to a protected prisoner of war.

Section 58.

SCHEDULE 4U.K. Consequential Amendment of Enactments

Modifications etc. (not altering text)

C1The text of Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any repeals or amendments which may have been made prior to 1.2.1991

The Army Act 1955 (c.18)U.K.

Section 113U.K.In subsection (3), for the words “paragraph (b) of subsection (3) of section 4 of the words M6 courts-martial (Appeals) Act 1951" there shall be substituted the words “section 9(4)(b)of the M7courts-martial (Appeals) Act 1968".

After section 113 there shall be inserted the following section—

Power of reviewing authority to authorise retrial.U.K.

113A(1)The following provisions of the courts-martial (Appeals) Act 1968, that is to say,—

  • section 19,

  • section 20, and

  • Parts II and IV of Schedule 1,

(power of courts-martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by Her Majesty or the Defence Council under section 113 of this Act of the findings of a court-martial, as they apply in relation to an appeal to the courts-martial Appeal Court.

(2)

Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.

Marginal Citations

Section 118U.K.In subsection (1), for the words “subsection (7) of section 4 of the M8court-martial (Appeals) Act 1951" there shall be substituted the words “section 11(2) of the M9courts-martial (Appeals) Act 1968".

Marginal Citations

Section 138U.K.In subsction (9), for the words (in paragraph(a)) “Part I of the M10courts-martial (Appeals) Act 1951" there shall be substituted the words “Part II of the M11courts-martial (Appeals) Act1968"; and for the words (in paragraph (e)) “the said Act of 1951" there shall be substituted the words “Part II of the said Act of 1968".

Marginal Citations

The Air Force Act 1955 (c. 19)U.K.

Section 113U.K.In subsecton (3), for the words “paragraph (b) of subsection (3) of section 4 of the M12courts-martial (Appeals) Act 1951" there shall be substituted the words “section 9(4)(b) of the M13courts-martial (Appeals) Act 1968".

After section 113 there shall be inserted the following section—

Power of reviewing authority to authorise retrial.U.K.

113A(1)The following provisions of the courts-martial (Appeals) Act 1968, that is to say—

  • section 19,

  • section 20, and

  • Parts III and IV of Schedule 1,

(power of courts-martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by Her Majesty or the Defence Council under secton 113 of this Act of the findings of a court-martial, as they apply in relation to an appeal to the courts-martial Appeal Court.

(2)Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.

Marginal Citations

Section 118U.K.In subsection (1), for the words “Subsection (7) of section 4 of the M14Courts-Martial (Appeals) Act 1951"there shall be substituted the words “section 11(2) of the M15courts-martial (Appeals) Act 1968".

Marginal Citations

Section 138U.K.In subsection (9), for the words (in paragraph(a)) “Part I of the M16courts-martial (Appeals) Act 1951"there shall be substituted the words “Part II of the M17courts-martial (Appeals) Act 1968"; and for the words (in paragraph (e)) “the said Act of 1951" there shall be substituted the words “Part II of the said Act of 1968".

Marginal Citations

The Naval Discipline Act 1957 (c.53)U.K.

section 70U.K.In subsection (3),for the words “paragraph (b) of subsection (3) of section 4 of the M18courts-martial (Appeals ) Act 1951" there shall be substituted the words “section 9(4)(b) of the M19courts-martial (Appeals) Act 1968".

Marginal Citations

Section 71U.K.At the end of the section there shall be insrted the following section—

Power to authorise retrial.U.K.

71A(1)The following provisions of the courts-martial (Appeals) Act 1968, that is to say,—

  • sectin 19,

  • section 20, and

  • Parts I and IV of Schedule 1,

(power of courts-martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modificatons in relation to the review by the Defence Council under section 70 of this Act of the findings of a court-martial as they apply in relation to an appeal to the courts-martial Appeal Court.

(2)Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be.

section 77U.K.In subsection (1), for the words (in paragraph (a)) “Part I of the M20courts-martial (Appeals) Act 1951" there shall be substituted the words “Part II of the M21 courts-martial (Appeals) Act 1968".

Marginal Citations

In subsection (1), for the words “the said Act of 1951" there shall be substituted the words “Part II of the said Act of 1968".

Section 85U.K.In subsection (1), for the words “subsection (7) of section 4 of the M22 courts-martial (Appeals) Act 1951" there shall be substituted the words “section 11(2) of the M23courts-martial (Appeals) Act 1968".

Marginal Citations

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Textual Amendments

F9Entry relating to the Mental Health Act 1959 repealed by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10Entry relating to Mental Health (Scotland) Act 1960 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11Entry relating to Mental Health Act (Northern Ireland) 1961 repealed by S.I. 1986/596, art. 6(e)

Section 59.

SCHEDULE 5U.K. Transistional Provisions

1(1)Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act.U.K.

(2)Any appeal or application pending before the said commencement under an enactment so repealed may be presented and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application.

2(1)In so far as any order, appointment, rule or regulation made, petition presented, direction given or other thing done under an enactment repealed by this Act could have been made, presented, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, presented, given or done under that corresponding provision.U.K.

(2)Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act.

3U.K.The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the M24Interpretation Act 1889 with regard to the effect of repeal

Marginal Citations

Section 60.

SCHEDULE 6U.K. Repeals

Modifications etc. (not altering text)

C2The text of ss. 58, 60, Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any repeals or amendments which may have been made prior to 1.2.1991