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Courts-Martial (Appeals) Act 1968

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Changes over time for: Section 36

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Changes to legislation:

Courts-Martial (Appeals) Act 1968, Section 36 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

36 Powers under Part II which are exercisable by single judge.U.K.

(1)F1The following powers of the Appeal Court ..., that is to say the power—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to give leave to appeal;

(c)to extend the period within which an application for leave to appeal must be lodged;

[F3(ca)to make orders, or impose requirements, under section 20(1E);]

(d)to make orders under section 20(2) and discharge or revoke such orders;

(e)to allow an appellant to be present at any proceedings;

(f)to order witnesses to attend for examination; F4...

(g)to make an order under section 32 for the payment of costs,

[F5(h)to make orders under section 28(1)(a).]

[F6(ha)to renew an interim hospital order made by them by virtue of any provision of this Part;]

[F7(i)to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim);

(j)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);]

[F8(k)to make a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009;

(l)to discharge or vary a witness anonymity order under any of sections 91, 92 and 93 of that Act;]

F9...

(2)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 [F10for the purpose in accordance with section 5 of this Act].

Textual Amendments

F2S. 36(1)(a) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(b), Sch. 17; S.I.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

F3S. 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

F4Word 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)

F5S. 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)

F7S. 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

F9Words 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

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