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Courts-Martial (Appeals) Act 1968

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Changes over time for: Cross Heading: Special references to Appeal Court

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Version Superseded: 01/04/1997

Status:

Point in time view as at 01/08/1992.

Changes to legislation:

There are currently no known outstanding effects for the Courts-Martial (Appeals) Act 1968, Cross Heading: Special references to Appeal Court. Help about Changes to Legislation

Special references to Appeal CourtU.K.

34 Reference of cases by Service authorities.U.K.

(1)If, in the case of the conviction of a person by court-martial,—

(a)it appears to the Judge Advocate of Her Majesty’s Fleet or the Judge Advocate General that the finding of the court-martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or

(b)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,

the Judge Advocate of Her Majesty’s Fleet, the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court.

(2)A reference to the Appeal Court under [F1subsection (1) above] shall, for all purposes [F2other than that of section 32] of this Act, be treated as an appeal by the person convicted against his conviction.

(3)The foregoing provisions of this section shall apply in the case of a finding by a court-martial of not guilty by reason of insanity as they apply in the case of the conviction of a person by court-martial.

[F3(4)Where a person convicted by court-martial is a civilian as defined in section 8(5) of this Act, the Secretary of State may, if consideration thereof by the Appeal Court appears to him for any reason desirable, refer the sentence of the court-martial to the Court; and any such reference shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.]

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4U.K.

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