Courts-Martial (Appeals) Act 1968

1. Introductory Text

2. Part I THE COURT MARTIAL APPEAL COURT

   1. 1. The Court and its jurisdiction.

   2. 2. Judges.

   3. 3. Other senior judges who may exercise powers of Appeal Court.

   4. 4. Sittings.

   5. 5.

   6. 6. Power of Master of the Rolls to act for Lord Chief Justice.

   7. 7. Court staff, salaries and pensions.

3. Part II APPEALS FROM THE COURT MARTIAL

   1. Right of appeal and initiating procedure

      1. 8. Right of appeal.

      2. 9. Application for leave to appeal.

      3. 10. Alternative procedure for appeal from court-martial abroad.

      4. 11. Consideration of application by Appeal Court.

   2. Disposal of appeal

      1. 12. Power to quash conviction as unsafe.

      2. 13. .

      3. 14. Substitution of conviction on different charge otherwise than after guilty plea.

      4. 14A. Substitution of conviction on different charge after guilty plea

      5. 15. Variation of conviction so as to attract different sentence.

      6. 16. Substitution of finding of insanity or findings of unfitness to stand trial etc.

      7. 16A. .

      8. 17. Term of sentence passed under s. 13, 14 , 14A or 16A.

      9. 17A. Appeals by civilians: application of Service Act provisions.

   3. Retrial

      1. 18. Retrial generally excluded.

      2. 19. Power to authorise retrial in certain cases.

      3. 20. Implementation of authority for retrial, and supplementary orders of Appeal Court.

   4. Insanity

      1. 21. Appeal against finding of not guilty by reason of insanity.

      2. 22. Consequences where appeal under s. 21 allowed.

      3. 23. Substitution of findings of unfitness to stand trial etc.

      4. 23A. Substitution of finding of not guilty.

   5. Unfitness to stand trial

      1. 24. Appeal against finding of unfitness.

      2. 25. Disposal of appeal under s. 24

   6. Appeal against order made in cases of insanity or unfitness to stand trial

      1. 25A. Right of appeal against hospital order etc.

      2. 25B. Disposal of appeal under s. 25A

   7. General procedural provisions

      1. 26. Presentation, of appellant’s case.

      2. 27. .

      3. 28. Evidence.

      4. 29. Power to call for report by member of the Court Martial.

      5. 29A. Power to order investigation by Criminal Cases Review Commission

      6. 30. Other powers for facilitating disposal of appeal.

   8. Costs

      1. 31. Costs of successful appeal.

      2. 32. Costs against appellant.

      3. 33. Witnesses’ expenses.

      4. 33A. Appellant’s expenses.

   9. Special references to Appeal Court

      1. 34. Reference of cases by Service authorities.

      2. 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   10. Supplementary

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

       2. 36A. Powers under Part II which are exercisable by registrar.

       3. 36B. Procedural directions: powers of single judge and registrar

       4. 36C. Appeals against procedural directions

       5. 37. Provision of record of proceedings of the Court Martial.

       6. 37A. False statements in computer record certificates.

       7. 38. Defence of appeals.

4. Part III APPEAL FROM COURT MARTIAL APPEAL COURT TO SUPREME COURT

   1. 39. Right of appeal.

   2. 40. Application for leave to appeal.

   3. 41. Hearing and disposal of appeal.

   4. 42. Bail.

   5. 43. Detention of accused.

   6. 43A. Continuation of community treatment order

   7. 44. Presence of accused at hearing.

   8. 45. Effect of appeal on sentence.

   9. 46. Restitution of property.

   10. 47. Costs.

   11. 48. Powers under Part III which are exercisable by single judge.

   12. 48A. Appeals on behalf of deceased persons.

5. Part IV Miscellaneous and General

   1. 49. Rules of Court.

   2. 50. Duties of registrar with respect to appeals etc.

   3. 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   4. 52. Removal of prisoners.

   5. 53. Exclusion of appeals etc. in case of certain Commonwealth naval courts-martial.

   6. 54. Saving for prerogative.

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

   8. 56. Modifications for protected prisoners of war

   9. 57. Interpretation.

   10. 58. Consequential amendments of enactments.

   11. 59. Transitional provisions.

   12. 60. Repeals.

   13. 61. Short title and commencement.

6. SCHEDULES

   1. SCHEDULE 1

      Provisions as to Retrial

      1. Part I Navy

         1. 1. Evidence given at the retrial of any person under section...

         2. 2. Where a person authorised to be retried is again convicted...

      2. Part II Army

         1. 3. Evidence given at the retrial of any person under section...

         2. 4. Where a person authorised to be retried is again convicted...

      3. Part III Air Force

         1. 5. Evidence given at the retrial of any person under section...

         2. 6. Where a person authorised to be retried is again convicted...

      4. Part IV Provision applying to all three Services

         1. 7. Where a person authorised under section 19 of this Act...

   2. SCHEDULE 1

      Provisions as to Retrial

      1. 1. This Schedule applies where an order under section 19 is...

      2. 2. Evidence given at the retrial must be given orally if...

      3. 3. If the person is convicted on the retrial, the Court...

      4. 4. In sections 246 and 247 of the 2006 Act (crediting...

   3. SCHEDULE 2

      Procedural and other Modifications for Capital Cases

      1. Modifications of Part II

         1. 1. (1) In the case of a conviction involving sentence of...

         2. 2. (1) The following shall apply where a conviction by court-martial...

         3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

         4. 4. Any appeal to the Appeal Court against a conviction involving...

         5. 5. The Appeal Court shall not have power, by virtue of...

      2. Modifications of Part III

         1. 6. In a case involving sentence of death the power of...

         2. 7. (1) Where, in a case involving sentence of death, an...

   4. SCHEDULE 3

      Modifications in Relation to Prisoners of War

      1. 1. In this Schedule “ protected prisoner of war ” has...

      2. 2. In relation to a protected prisoner of war, this Act...

      3. 3. In relation to a protected prisoner of war this Act...

      4. 3A. In relation to a protected prisoner of war, sections 16...

      5. 4. Paragraph 3(1) of Schedule 2 to this Act shall not...

   5. SCHEDULE 4

      Consequential Amendment of Enactments

      1. The Army Act 1955 (c.18)

         1. Section 113. In subsection (3), for the words “paragraph (b) of subsection...

         2. Section 118. In subsection (1), for the words “subsection (7) of section...

         3. Section 138. In subsction (9), for the words (in paragraph(a)) “Part I...

      2. The Air Force Act 1955 (c. 19)

         1. Section 113. In subsecton (3), for the words “paragraph (b) of subsection...

         2. Section 118. In subsection (1), for the words “Subsection (7) of section...

         3. Section 138. In subsection (9), for the words (in paragraph(a)) “Part I...

      3. The Naval Discipline Act 1957 (c.53)

         1. section 70. In subsection (3),for the words “paragraph (b) of subsection (3)...

         2. Section 71. At the end of the section there shall be insrted...

         3. section 77. In subsection (1), for the words (in paragraph (a)) “Part...

         5. Section 85. In subsection (1), for the words “subsection (7) of section...

   6. SCHEDULE 5

      Transistional Provisions

      1. 1. (1) Any right of appeal subsisting immediately before the commencement...

      2. 2. (1) In so far as any order, appointment, rule or...

      3. 3. The mention of particular matters in this Schedule shall not...

   7. SCHEDULE 6

      Repeals