Courts-Martial (Appeals) Act 1968

Part IVU.K. Miscellaneous and General

49 Rules of Court.U.K.

(1)Rules of court made by the Lord Chief Justice with the approval of the Lord Chancellor may provide for regulating the procedure and practice to be followed in the Appeal Court and for any other matters which by this Act are expressed to be subjects for rules of court.

(2)Rules of court made for the purposes of any provision of this Act may make different provision in relation to different classes of cases and may provide for any incidental or supplementary matters for which it appears to the Lord Chief Justice to be necessary or expedient for the purposes of that provision to provide.

(3)The power under this section to make rules of court shall be exercisable by statutory instrument, and the M1Statutory Instruments Act 1946 shall apply to a statutory instrument containing rules of court made under this section in like manner as if the rules had been made by a Minister of the Crown.

(4)A statutory instrument containing rules of court made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

50 Duties of registrar with respect to appeals etc.U.K.

(1)The registrar shall take all necessary steps for obtaining the determination of an appeal or application under this Act, and shall obtain and lay before the Appeal Court in proper form all documents, exhibits and other things relating to the proceedings in the court-martial by which the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

(2)The registrar shall furnish the necessary forms and instructions relating to applications for leave to appeal under this Act to any person who demands them, to persons in charge of places where persons sentenced by court-martial may lawfully be confined for the purpose of serving their sentences and to such other persons as he thinks fit.

(3)Every person in charge of such a place as is referred to in subsection (2) above shall cause the said forms and instructions to be placed at the disposal of persons confined in that place who wish to apply for leave to appeal to the Appeal Court, or from that Court to the House of Lords.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Textual Amendments

F1S. 51 repealed (1.10.1968) on coming into force of Pt. IV of Criminal Justice Act 1967 (c. 80) by Courts-Martial (Appeals) Act 1968 (c. 20), s. 51(8)

52 Removal of prisoners.U.K.

Rules or regulations made under—

(a)section 79 or 82 of the M2Naval Discipline Act;

(b)section 121 or 122 of the M3Army Act;

(c)section 121 or 122 of the M4Air Force Act;

(d)section 47 of the M5Prison Act 1952;

[X1(e)section 35 of the M6Prisons (Scotland) Act 1952; or]

[F2(e)section 39 of the Prisons (Scotland) Act 1989; or]

(f)section 13 of the M7Prison Act (Northern Ireland) 1953

may provide in what manner an appellant, when in custody, is to be taken to, kept in custody at, and brought back from any place at which he is entitled to be present for purposes of Part II or Part III of this Act or any place to which the Appeal Court or a judge of it may order him to be taken for the purpose of any proceedings of the Court.

Editorial Information

X1S. 52(e) beginning “section 39" substituted (S.) for S. 52(e) beginning “section 35" by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 10

Textual Amendments

F2S. 52(e) beginning “section 39" substituted (S.) for S. 52(e) beginning “section 35" by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 10

Marginal Citations

F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F3S. 53 repealed (1.4.1997) by 1996 c. 46, s. 35(2), SCh. 7 Pt. III; S.I. 1997/304, art. 2, Sch. 1

54 Saving for prerogative.U.K.

(1)Nothing in this Act is to be taken as affecting any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to quash a conviction by court-martial, so far as regards the exercise thereof at a time before whichever of the following two events first occurs—

(a)the receipt by the registrar of an application for leave to appeal under Part II of this Act against the conviction; or

(b)the receipt by him of particulars of such an application furnished in pursuance of section 9 of this Act.

(2)Nothing in this Act is to be taken as affecting Her Majesty’s Royal prerogative of mercy.

55 Modification of provisions in Parts II and III for capital cases.U.K.

Schedule 2 to this Act has effect so as to modify certain provisions of this Act in relation to cases involving sentence of death; and any provision of this Act which is referred to in that Schedule and modified or restricted thereby shall have effect subject to the Schedule.

56 Modification for protected prisoners of war.U.K.

Schedule 3 to this Act has effect so as to modify certain provisions of this Act in relation to protected prisoners of war within the meaning of the M8Geneva Conventions Act 1957; and any provision of this Act which is referred to in that Schedule and modified or restricted thereby shall have effect subject to the Schedule.

Marginal Citations

57 Interpretation.U.K.

(1)In this Act, unless the context otherwise requires,—

  • the Air Force Act” means the M9Air Force Act 1955;

  • air force court-martial” means a court-martial under the Air Force Act;

  • appellant” includes a person who has been tried by court-martial and wishes to appeal under Part II of this Act to the Appeal Court;

  • the Army Act” means the M10Army Act 1955;

  • army court-martial” means a court-martial under the Army Act;

  • court-martial” means a naval, army or air force court-martial;

  • [F4duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act );]

  • enactment” includes an enactment of the Parliament of Northern Ireland;

  • [F4hospital order” has the meaning given in section 37 of the Mental Health Act 1983;]

  • [F4interim hospital order” has the meaning given in section 38 of that Act;]

  • the Judge Advocate General” means the Advocate General or Judge Martial of all Her Majesty’s regular, auxiliary and reserve land and air forces;

  • [F4judicial officer” has the same meaning as in the relevant Service Act;]

  • the Lord Chief Justice” means the Lord Chief Justice of England;

  • the Naval Discipline Act” means the M11Naval Discipline Act 1957;

  • naval court-martial” means a court-martial under the Naval Discipline Act F5. . .;

  • prescribed” means prescribed by rules of court; F6. . .

  • the registrar” means the registrar of the Appeal Court. [F7; and

  • [F4restriction order” has the meaning given to it by section 41 of the Mental Health Act 1983;]

  • sentence”, in relation to an offence, includes any order made by a court when dealing with an offender.]

  • [F4supervision order” means an order which requires the person in respect of whom it is made to be under the supervision of another person for a period specified in the order of not more than two years.]

(2)Where in connection with any proceedings or powers of the Appeal Court on appeal a provision of this Act refers to “the relevant Service Act", it is to be taken as referring to the Act under which the appellant was tried by court-martial, that is to say the M12Naval Discipline M13Act, the Army Act or the M14Air Force M15Act, as the case may be.

[F8(2A)For the purposes of the provisions of sections 16 and 23 of this Act which permit the Appeal Court to act on the written evidence of a registered medical practitioner or a registered medical practitioner who is duly approved, a report in writing purporting to be signed by a registered medical practitioner or a registered medical practitioner who is duly approved may, subject to subsection (2B) below, be received in evidence without proof of the signature of the practitioner and without proof that he has the requisite qualifications or is duly approved; but the Appeal Court may require the signatory of any such report to be called to give oral evidence.

(2B)Where, in pursuance of a direction of the Appeal Court, any such report is tendered in evidence otherwise than by or on behalf of the appellant, then—

(a)if the appellant is represented by counsel or a solicitor, a copy of the report shall be given to his counsel or solicitor;

(b)if the appellant is not so represented, the substance of the report shall be disclosed to him; and

(c)the appellant may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by the appellant or on his behalf.]

(3)In Part III of this Act “the accused” means, in relation to an appeal from the Appeal Court to the House of Lords, the person who was the accused in the court-martial proceedings from which the appeal lay to the Appeal Court.

(4)Any reference in this Act to another enactment is a reference thereto as amended by or under any other enactment, including this Act.

(5)Any reference in this Act to an enactment of the Parliament of Northern Ireland includes a reference to an enactment corresponding thereto and for the time being in force in Northern Ireland.

Textual Amendments

F5Words in the definition of “naval court martial" in s. 57(1) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. I; S.I. 2002/345, art. 2 (subject to art. 3)

F6Word in s. 57(1) repealed (1.4.1997) by 1996 c. 46, s. 35(2), SCh. 7 Pt. III; S.I. 1997/304, art. 2, Sch. 1

F7Word and definition inserted (1.4.1997 with savings) by 1996 c. 46, s. 17(7); S.I. 1997/304, art. 2 (with art. 3)

Marginal Citations

58 Consequential amendments of enactments. U.K.

The enactments specified in Schedule 4 to this Act shall be amended as shown in that Schedule.

Modifications etc. (not altering text)

C1The 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

59 Transitional provisions.U.K.

The transitional provisions set out in Schedule 5 to this Act shall have effect.

60 Repeals. U.K.

The enactments specified in the second column of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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

61 Short title and commencement.U.K.

(1)This Act may be cited as the courts-martial (Appeals) Act 1968.

(2)This Act shall come into force on the day appointed under section 106(5) of the M16Criminal Justice Act 1967 for the coming into force of section 98 of that Act.

Modifications etc. (not altering text)

C3Section 98 of the Criminal Justice Act 1967 came into force 1.9.1968 by S.I. 1968/325

Marginal Citations