This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.
Pt. 2 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 6; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 8(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 7(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 8(1): hyphen and sub-paras (a) and (b) substituted (1.4.1997 with savings) for words by 1996 c. 46, s. 17(2)(a); S.I. 1997/304, art. 2 (with art. 3)
Words in s. 8(1)(b) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 7(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 8(1ZA) inserted (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 271(2), 336(2)
S. 8(1A)-(4) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 7(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 8(5) repealed (1.4.1997 with savings) by 1996 c. 46, ss. 17(2)(c), 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2, Sch. 1 (with art. 3)
S. 10 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 8, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 11(1) repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 9, Sch. 17; S.I. 2007/2913, art. 3
Word in s. 12 sidenote substituted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(2); S.I. 1995/3061, art. 3 (with art. 4)
S. 12(1) substituted (1.1.1996) for s. 12(1) including the proviso by 1995 c. 35, s. 29(1), Sch. 2 para. 5(2); S.I. 1995/3061, art. 3 (with art. 4)
Words in s. 12(1)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 10(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 12(3) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 10(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 13 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 11; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 14 added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 14(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 14(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(4)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 14(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 12(4)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 14A inserted (E.W.) (1.9.2004) by Criminal Justice Act 2003 (c. 44), ss. 318(3), 336(3)(4); S.I. 2004/1629, art. 3(1)(2)(e)
Words in s. 14A(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 13; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 15 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 14, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16 substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 7 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
Word in s. 16(1) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16(1A)-(3) substituted for (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16(5) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 3, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)
S. 16(6) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 15(d), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A added by Armed Forces Act 1971 (c. 33), s. 73(3)
S. 16A substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 16; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 17 sidenote substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 17(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 17(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 17(c), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 17A repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 18, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 18 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 19, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(1) repealed (01.01.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 26(1)(2), 27(2), Sch. 2 para. 8, Sch. 3, S.I. 1991/2719, arts. 2, 3(3), Sch.
Words in s. 19(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(c)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(3)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(c)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(3)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(c)(iii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(3)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(c)(iv); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 19(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 19(5) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 20(e); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 20(1)-(1H) substituted for s. 20(1) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 20(2A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 20(3) substituted (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(c)(i); S.I. 2008/1650, art. 4(a)
Words in s. 20(3) inserted (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(c)(ii); S.I. 2008/1650, art. 4(a)
S. 20(3A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(d); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 24(a)
Words in s. 20(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(e); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words substituted by S.I. 1986/596, art. 6(a)
S. 20(4A)(4B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 4 para. 3(2); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
S. 20(5) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(f), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 20(6) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 21(g), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 21(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 22(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 21(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 22(a)(ii), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 21(1A)(1B) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 22(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Word in s. 21(2) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 22(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Word in s. 22(2) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 22(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 22(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(b)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 22(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(b)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 22(3A)-(5) substituted for 22(4) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 23(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 23 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 24, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Ss. 23 and 23A substituted (prosp.) for s. 23 by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 9
Words in s. 24(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 25(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 24(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 11(2)(a) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
Words in s. 24(1) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 11(2)(b) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
S. 24(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 25(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 25 substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 12 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
S. 25(1A)(1B) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 26(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Word in s. 25(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 26(3)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 25(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 26(3)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 25(2)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 26(3)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 25(3) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 26(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Ss. 25A, 25B and cross-heading inserted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 3 para. 13 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(b)
S. 25A substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 27; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 25B(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 28(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 25B(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 28(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 25B(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 28(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 25B(3)(4) substituted for s. 25B(3)-(5) (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 28(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 25C and cross-heading inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 2; S.I. 2009/1028, art. 2(a)
S. 26 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 29, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 27 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 30; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 28(1) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(2); S.I. 2009/1028, art. 2(a)
S. 28(1)(b) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(3); S.I. 2009/1028, art. 2(a)
S. 28(1)(c) substituted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(a); S.I. 1995/3061, art. 3 (with art. 4)
Words in s. 28(1)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 28(1A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(4); S.I. 2009/1028, art. 2(a)
S. 28(2) substituted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(b); S.I. 1995/3061, art. 3 (with art. 4)
Words in s. 28(2)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(b)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 28(2)(d) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 31(b)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 28(3) inserted (1.1.1996 subject to savings) by 1995 c. 35, s. 29(1), Sch. 2 para. 5(3)(c); S.I. 1995/3061, art. 3 (with art. 4)
Words in s. 28(3) repealed (1.1.1996 subject to savings) by 1995 c. 35, s. 29(2), SCh. 3; S.I. 1995/3061, art. 3 (with art. 4)
Words in s. 28(4) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(5); S.I. 2009/1028, art. 2(a)
S. 28(5) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(6); S.I. 2009/1028, art. 2(a)
Words in s. 29 sidenote substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 32(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 29(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 32(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 29(2) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 32(c), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 29A inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 1; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 31(1) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
Words in s. 31(2) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 33; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 31(2) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 31(3)-(5) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 31A inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 3 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 32(2)(a) substituted (E.W.) (S.) by Administration of Justice Act 1970 (c. 31), s. 41(7)
Words in s. 32(2)(a) repealed (1.4.1997 with savings) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1996/304, art. 2, Sch. 1 (with art. 3)
S. 32(2)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 34; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 33(1) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 4(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 33(1A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 35; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 33(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 4(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 33A added by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(1)
S. 33A renumbered as s. 33A(1) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 33A(2)(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 33B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 6 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
S. 33C inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 7 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)
Words in s. 34(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 34(1)(a) repealed (1.1.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(ii), Sch. 17; S.I. 2007/2913, art. 3
Words in s. 34(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(a)(iii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words substituted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(7)
Words substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(2)
S. 34(3) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 34(4)(5) substituted for s. 34(4) (1.4.1997 with savings) by virtue of 1996 c. 46, s. 17(4); S.I. 1997/304, art. 2 (with art. 3)
Words in s. 34(4) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 36(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 35repealed by Administration of Justice Act 1977 (c. 38, SIF 37), ss. 5(3), 32, Sch. 5 Pt. VI
S. 35A inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 5; S.I. 2009/1028, art. 2(a)
Words in s. 36(1) repealed (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(a), Sch. 17; S.I. 2008/1650, art. 4(a)
S. 36(1)(a) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 36(1)(ca) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Word in s. 36(1)(f) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(1), 110(1), Sch. 10; S.I. 2005/910, art. 3(v)
S. 36(1)(h) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(1), 110(1); S.I. 2005/910, art. 3(v)
S. 36(1)(ha) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 6; S.I. 2009/1028, art. 2(a)
S. 36(1)(i)(j) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(e); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 36(k)(l) inserted (1.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(3)(b), Sch. 21 para. 70 (with s. 180, Sch. 22 para. 22)
Words in s. 36(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(d), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), ss. 145(5), 153(4)(d)
S. 36A inserted (1.10. 1996 with savings) by 1996 c. 46, s. 18; S.I. 1996/2474, art. 2 (with art. 3)
Word in s. 36A(1)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(2), 110(1), Sch. 10; S.I. 2005/910, art. 3(v)
S. 36A(1)(c) and word inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(2), 110(1); S.I. 2005/910, art. 3(v)
Ss. 36B, 36C inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 90(3)(4), 110(1); S.I. 2005/910, art. 3(v)
S. 36C(1) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)
S. 36C(2) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)
Words in s. 36C(5)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 38(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Words in s. 36C(5)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 38(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 37 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 39; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 37A repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 5
S. 37A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 34
Words in s. 38 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 40; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 8 extended by 1995 c. 35, s. 12A(5)(6) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 8(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 108(1)
S. 9(1) excluded (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 228(4), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 9(1) excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 110
S. 12(1)(a) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 111
S. 13 excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 112
S. 13 excluded by 2006 c. 52, Sch. 3A para. 15(8) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with
S. 13(2) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 162(2)
S. 13(2) modified by 2006 c. 52, Sch. 3A para. 15(1)(2) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with
S. 14 excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 113
S. 14(2) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rules 1, 162(3)
S. 14(2)(b) modified by 2006 c. 52, Sch. 3A para. 15(1)(3)-(5) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with
S. 14A excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 114
S. 14A(2) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 162(3)
S. 14A(2)(b) modified by 2006 c. 52, Sch. 3A para. 15(1)(6)(7) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with
S. 15(1)(2) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 115
S. 16A modified by 2006 c. 52, s. 269C(3) (as inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c))
S. 16A modified by 1957 c. 53, s. 91A(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 31)
S. 16A modified by 1976 c. 52, Sch. 3 para. 21(5)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 27)
S. 16A modified by 1955 c. 19, s. 120ZA(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 25)
S. 16A modified by 1955 c. 18, s. 120ZA(4)(a) (as inserted (18.7.2008) by The Armed Forces (Alignment of Service Discipline Acts) Order 2008 (S.I. 2008/1694), arts. 1, 25)
S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 231(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 235(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 192(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 268(6), 383(2) (with s. 271(1)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 216(3), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 16A modified by 2006 c. 52, s. 232B(3) (as inserted (8.3.2012 for specified purposes) by Armed Forces Act 2011 (c. 18), ss. 17(1), 32(3); S.I. 2012/669, art. 3(d))
S. 16A modified by 2006 c. 52, Sch. 3A para. 15(9) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with
S. 16A(1) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 116
S. 16A(2)(3) excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 117
S. 16A(2) modified (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), rules 1, 162(4)
S. 17 applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(4)
S. 17(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 118
S. 19(3) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 119(1)
S. 21 extended by 1995 c. 35, s. 12A(7) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 21(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(1)
S. 22(2) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(2)
S. 22(3) excluded (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(3)
S. 22(3A) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 120(2)
S. 24 extended by 1995 c. 35, s. 12A(8) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)
S. 24(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 121(1)
S. 25(2)(b) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 121(2)
S. 25B(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 122(3)(4)
S. 31 applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 123
S. 34 modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(2)
S. 34(1)(2) applied (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(3)
S. 34(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 124(1)
S. 37 applied (with modifications) (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 125
1982 c.48 (39:1).
Subject to the provisions of this Act, a person convicted by
against his conviction; and
against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted
In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Leave to appeal to the Appeal Court shall not be given except on an application in that behalf made by or on behalf of the appellant and lodged, within the prescribed period, with the registrar.
The application must be in the prescribed form and specify the grounds on which leave to appeal is sought and such other particulars, if any, as may be prescribed.
The Appeal Court may extend the period within which an application for leave to appeal must be lodged, whether the period has expired or not.
Rules of court may provide that, in such circumstances as may be specified in the rules, an application which is lodged with a person (other than the registrar) specified in the rules shall be treated for purposes of subsection (1) above as having been lodged with the registrar; and it shall be the duty of the specified person, if an application is lodged with him in accordance with the rules, to act as follows:—
he shall forward the application to the registrar with as much expedition as practicable; and
if it appears to him practicable to do so, and in all the circumstances expedient, he shall forthwith furnish the registrar (before the receipt by the latter of the application) with such particulars of the application as will enable the registrar to prepare a copy of it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In considering whether or not to give leave to appeal the Appeal Court shall have regard to any expression of opinion made by
Where the Appeal Court dismiss an application for leave to appeal they may, if they consider the application to have been frivolous or vexatious, order that any sentence passed upon the applicant in the proceedings from which it was sought to bring the appeal shall begin to run from the day on which the Appeal Court dismiss the application.
The Appeal Court—
shall allow an appeal against conviction by
shall dismiss such an appeal in any other case.
If the Appeal Court allow an appeal against conviction, they shall quash the conviction.
Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.
This section applies where—
on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and
the Appeal Court allow an appeal against conviction in respect of some but not all of the offences.
The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that—
they think appropriate; and
is a sentence that the Court Martial had power to pass.
But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a).
The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.
This section applies where—
an appellant has been convicted of an offence to which he did not plead guilty;
the Court Martial could lawfully have found him guilty of some other offence; and
it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence.
The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the
they think appropriate;
is a sentence that the Court Martial would have had power to pass in respect of that other offence; and
is not more severe than the sentence passed by the Court Martial.
This section applies where—
an appellant has been convicted of an offence to which he pleaded guilty,
if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and
it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence.
The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the
they think appropriate;
is a sentence that the Court Martial would have had power to pass in respect of that other offence; and
is not more severe than the sentence passed by the Court Martial.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of
that the proper finding would have been one of not guilty by reason of insanity; or
that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him.
The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against—
a finding of not guilty by reason of insanity; or
findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him.
Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies.
Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them.
On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that—
they think appropriate; and
is a sentence that the Court Martial had power to pass in respect of the offence.
But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.
Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Appeal Court shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by
This section has effect notwithstanding
the offence of which he was convicted by the
any offence of which he could have been convicted
any offence charged in the alternative in respect of which the
A person who is to be retried under this section for an offence shall, if the Appeal Court so directs, be retried on a fresh charge or charges specified in the direction;
Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).
Where—
an order under section 19 authorising the retrial of a person has been made, and
the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order,
the person may not be arraigned unless the Appeal Court give leave.
A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19.
On an application under subsection (1) or (1A) the Appeal Court may—
grant leave to arraign; or
set aside the order under section 19.
But leave to arraign may be granted only if the Appeal Court are satisfied—
that the prosecution has acted with all due expedition; and
that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made.
Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence.
Where the Appeal Court authorise the retrial of a person they may—
by order authorise the keeping of that person in service custody—
for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or
if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or
require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act.
Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released.
An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act.
A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act).
The Appeal Court may, where they authorise a retrial, make such orders as appear to them to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid in pursuance of an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended.
In subsection (2)
“
where arraignment takes place within the three months referred to in subsection (1)—
if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction;
otherwise, the time when the case is finally disposed of;
where arraignment does not take place within those three months, the end of those three months.
Where retrial is authorised in the case of a person who immediately before the date of the authorisation was liable to be detained in pursuance of
In subsection (3)
“
where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of;
otherwise, the end of those three months.
The legislation referred to in subsection (3) above is
Where retrial is authorised in the case of a person who—
was liable to be detained in pursuance of an order or direction under Part 3 of the Mental Health Act 1983;
was then made subject to a community treatment order (within the meaning of that Act); and
was subject to that community treatment order immediately before the date of the authorisation,
the order or direction under Part 3 of that Act and the community treatment order shall continue in force until the relevant time (as defined in subsection (3A)) as if his conviction had not been quashed.
An order under subsection (1E)(a) is of no effect in relation to a person for so long as he is subject to a community treatment order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 1 to this Act contains additional provisions applicable to a retrial authorised by order of the Appeal Court under section 19
A person who has been tried by
On an appeal under this section the Appeal Court—
shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and
shall dismiss the appeal in any other case.
Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly).
Where apart from this subsection—
an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and
none of the grounds for allowing it relates to the question of the insanity of the appellant,
the Appeal Court may dismiss the appeal if they are of
The following provisions shall have effect where an appeal against a finding of not guilty by reason of insanity is allowed by the Appeal Court.
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 Appeal Court are of
On substituting a finding of guilty of an offence, the Appeal Court shall have the like powers of sentencing the appellant, and other powers, as the
If the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion mentioned in section 16(1)(b) (court below ought to have found defendant unfit to stand trial etc)—
the Court shall substitute for the finding of the Court Martial findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him; and
section 16(2) to (5) apply as they apply for the purposes of section 16.
Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the purposes of subsection (3A) (and references there to the defendant are to be read as references to the appellant).
If the case is not within subsection (2) or (3A), the Appeal Court must quash the finding appealed against.
Where the Appeal Court quash a finding of not guilty by reason of insanity, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies where, in accordance with section 22(4) of this Act, the Appeal Court substitute a finding of not guilty and the Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion—
that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.
The Appeal Court shall—
in the case of an appellant detained pursuant to an admission order made by a court-martial, make an order for his continued detention;
in any other case, make an order that the appellant be admitted for assessment, in accordance with regulations made by the Secretary of State, to such hospital as may be specified by the Secretary of State.
An order under subsection (2) above shall be treated as if it had been made by a civil court in England and Wales, Scotland or Northern Ireland, as the Appeal Court may direct, and the appropriate mental health legislation shall apply accordingly with such modifications as may be prescribed by regulations made by the Secretary of State.
The power of the Secretary of State under subsections (2)(b) and (3) above to make regulations shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “
A person found by
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to appeals under section 24 of this Act.
The Appeal Court—
shall allow an appeal against a finding if they think the finding is unsafe; and
shall dismiss such an appeal in any other case.
If the Appeal Court allow an appeal against a finding they shall quash the finding.
Where the Appeal Court
the
if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly).
Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.
A person may, with the leave of the Appeal Court, appeal against the making by the Court Martial of an order within subsection (2) in respect of him.
The orders are—
a hospital order;
an interim hospital order;
a service supervision order (as defined by section 170 of the 2006 Act).
If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the
they may quash any order which is the subject of the appeal; and
they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the
The fact that an appeal is pending against an interim hospital order
Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16.
The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.
This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995.
Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court may dismiss the appeal if—
the only ground for allowing it would be that there has been a development in the law since the date of the conviction or finding that is the subject of the appeal, and
the condition in subsection (3) is met.
The condition in this subsection is that if—
the reference had not been made, but
the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,
the Court would not think it appropriate to grant the application by exercising the power conferred by section 9(3).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal.
Subsection (1) does not apply to an appellant in custody—
where his appeal is on a ground involving only a question of law,
on an application by him for leave to appeal, or
on any proceedings preliminary or incidental to an appeal,
unless the Appeal Court give him leave to be present.
order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;
order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and
receive any evidence which was not adduced
The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to—
the Appeal Court;
the appellant;
the respondent.
The Appeal Court shall, in considering whether to receive any evidence, have regard in particular to—
whether the evidence appears to the Court to be capable of belief;
whether it appears to the Court that the evidence may afford any ground for allowing the appeal;
whether the evidence would have been admissible
whether there is a reasonable explanation for the failure to adduce the evidence
Subsection (1)(c) above applies to any
In this section, “
The Appeal Court may order the taking of such steps as are requisite to obtain from any member of the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—
in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;
in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;
an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and
the matter cannot be resolved by the Court without an investigation by the Commission.
A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act.
A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.
Copies of such a direction shall be made available to the appellant and the respondent.
Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court—
shall notify the appellant and the respondent that the Commission have reported; and
may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.
In this section “
Where any question arising on an appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Appeal Court conveniently be conducted before them, the Court may order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by them, and act upon the report of the commissioner so far as they think fit to adopt it.
The Appeal Court may appoint a person with special expert knowledge to act as assessor to the Court in any case where it appears to them that such knowledge is required for the proper determination of the case.
There may be paid out of moneys provided by Parliament to a special commissioner to whom a question is referred under this section for inquiry and report, and to a person appointed as assessor to the Appeal Court, such remuneration and such travelling and subsistence allowances as may be prescribed by regulations made by the Lord Chancellor.
The power of the Lord Chancellor under subsection (3) above to make regulations shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where the Appeal Court allow an appeal
The costs which may under this section be directed to be paid are such sums as appear to the Appeal Court reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the
Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable.
The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and—
the appellant agrees the sums, or
subsection (3) applies.
Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction—
they must describe in the direction any reduction required under subsection (3), and
the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.
The costs which the Appeal Court may direct the Secretary of State to pay under section 31 do not include legal costs, except where regulations made by the Lord Chancellor provide otherwise.
Regulations under this section may, in particular, include—
provision for an exception to arise where a determination has been made by a person specified in the regulations,
provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
In this section—
“
“
“
“
Where the Appeal Court dismiss an appeal or an application for leave to appeal they may, if they think fit, order the appellant or applicant (as the case may be) to pay to the Secretary of State the whole or any part of the costs of the appeal or application, including the costs of copying or transcribing any documents for the use of the Appeal Court.
An order under this section may be enforced—
in the same manner as an order for costs made by the criminal division of the Court of Appeal
if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,
or partly in the one way and partly in the other.
Any sums which by virtue of subsection (2)(a) above are recovered from a person by the Secretary of State shall be paid into the Exchequer.
Where the Appeal Court dismiss an appeal or an application for leave to appeal they may, if they think fit, order the appellant or applicant (as the case may be) to pay to the Secretary of State the whole or any part of the costs of the appeal or application, including the costs of copying or transcribing any documents for the use of the Appeal Court.
An order under this section may be enforced—
in the same manner as an order for the payment of costs made by the High Court in civil proceedings; or
if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,
or partly in the one way and partly in the other.
Any sums which by virtue of subsection (2)(a) above are recovered from a person by the Secretary of State shall be paid into the Exchequer.
The Appeal Court may, whether or not they exercise their powers under either of the two foregoing sections, order the payment out of moneys provided by Parliament of such sums as appear to the Court reasonably sufficient to compensate any person properly attending to give evidence on an appeal under this Part of this Act or any proceedings preliminary or incidental thereto (whether or not he gives evidence) for the expense, trouble or loss of time properly incurred in or incidental to his attendance
Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court.
The amount of any costs ordered to be paid under this section shall be ascertained as soon as practicable by the registrar.
Sums ordered to be paid out of money provided by Parliament under subsection (1) may not include sums in respect of expert witness costs (as defined in section 31A), unless regulations made by the Lord Chancellor provide otherwise.
Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.
The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.
Regulations under this section may, in particular, include—
provision for an exception to arise where a determination has been made by a person specified in the regulations,
provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and
provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.
The Lord Chancellor may by regulations—
make provision as to the sums that may be directed or ordered to be paid under section 31, 33 or 33A, whether by specifying rates or scales or by making other provision as to the calculation of the sums,
make provision as to the circumstances in which and conditions under which such sums may be paid or directed or ordered to be paid,
make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b),
make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned), and
make provision as to the review of determinations of sums directed to be paid under section 31.
Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.
Regulations under sections 31, 31A, 33, 33A and 33B may, in particular—
make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas, and
make different provision in relation to the fixing of a sum in a direction or order and the fixing of a sum by means of a determination.
A power to make regulations under those sections is exercisable by statutory instrument.
A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).
A statutory instrument containing (whether alone or with other provision) regulations under section 31A, 33 or 33A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
If, in the case of the conviction of a person by
it appears to
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,
A reference to the Appeal Court under
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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.
This section applies where the Appeal Court—
make an interim hospital order by virtue of any provision of this Part, or
renew an interim hospital order so made.
The Court Martial shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to give leave to appeal;
to extend the period within which an application for leave to appeal must be lodged;
to make orders, or impose requirements, under section 20(1E);
to make orders under section 20(2) and discharge or revoke such orders;
to allow an appellant to be present at any proceedings;
to order witnesses to attend for examination;
to make an order under section 32 for the payment of costs,
to make orders under section 28(1)(a).
to renew an interim hospital order made by them by virtue of any provision of this Part;
to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim);
to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);
to make a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009;
to discharge or vary a witness anonymity order under any of sections 91, 92 and 93 of that Act;
If the judge refuses an application on the part of an appellant to exercise in his favour any of the powers mentioned in subsection (1) above (other than the power to make an order for the payment of costs), the appellant, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner, shall be entitled to have the application determined by the Appeal Court as duly constituted
The following powers of the Appeal Court under this Part of this Act, namely the power—
to extend the time within which notice of appeal or of application for leave to appeal may be given;
to order a witness to attend for examination,
to make orders under section 28(1)(a)
may be exercised by the registrar in the same manner as they may be exercised by the Court and subject to the same restrictions.
If the registrar refuses an application on the part of an appellant to exercise in his favour any power specified in subsection (1) above, the appellant shall be entitled to have the application determined by any judge of the Appeal Court.
The power of the Appeal Court to determine an application for procedural directions may be exercised by—
a judge of the Appeal Court, or
the registrar.
“
an application for leave to appeal, or
an appeal,
under this Part.
A judge of the Appeal Court may give such procedural directions as he thinks fit—
when acting under subsection (1);
on a reference from the registrar;
of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
The registrar may give such procedural directions as he thinks fit—
when acting under subsection (1);
of his own motion.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
A judge of the Appeal Court may, on an application to him under subsection (5)—
confirm, set aside or vary any procedural directions given by the registrar, and
give such procedural directions as he thinks fit.
An application under this subsection may be made by—
an appellant;
the
relate to an application for leave to appeal and appear to need the
relate to an application for leave to appeal which is to be determined by the Appeal Court, or
relate to an appeal.
In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge Advocate General must provide the registrar, in accordance with rules of court, with a record of the proceedings of the Court Martial.
Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before the Appeal Court makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
Proceedings for an offence under this section committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
In this section “
It shall be the duty of the