Courts-Martial (Appeals) Act 1968 (c. 20)

Part II U.K. Appeals from Courts-Martial

Supplementary U.K.

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

(1) The following powers of the Appeal Court F1 ..., that is to say the power—

(a) to give a direction under section 8(3) that a person be treated as not having lost his right of appeal;

(b) to give leave to appeal;

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

(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; F2 ...

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

[F3 (h) to make orders under section 28(1)(a).]

[F4 and the power to give directions under F5 ...] [F6 section 3(4) of the Sexual Offences (Amendment) Act 1992] may be exercised by any judge of the Appeal Court in the same manner as they may be exercised by the Court, and subject to the same provisions.

(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 [F7 for the purpose in accordance with section 5 of this Act].

Textual Amendments

F1 Words in s. 36(1) repealed (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(a), Sch. 17; S.I. 2008/1650, art. 4(a)

F2 Word in s. 36(1)(f) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(1), 110(1), Sch. 10; S.I. 2005/910, art. 3(v)

F3 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)

F4 Words inserted (E.W.) (and (S.N.I.) so far as relating to Courts-Martial and the Courts-Martial Appeal Court) by Sexual Offences (Amendment) Act 1976 (c. 82, SIF 39:1), s. 5(6)

F5 Words in s. 36(1) repealed (6.12.2006) by Youth Justice and Criminal Evidence Act 1999 (c. 23), s. 68(3)(4), Sch. 6 (with Sch. 7); S.I. 2006/2885, art. 2(b)

F6 Words in s. 36(1) inserted (1.8.1992) (E.W., and S. and N.I. so far as relating to courts-martial and the Courts-Martial Appeal Court) by Sexual Offences (Amendment) Act 1992 (c. 34), s. 7(4) (with s. 6(4)); S.I. 1992/1336, art.2

F7 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), ss. 145(5), 153(4)(d)

[F8 36A Powers under Part II which are exercisable by registrar. U.K.

(1) The following powers of the Appeal Court under this Part of this Act, namely the power—

(a) to extend the time within which notice of appeal or of application for leave to appeal may be given; F9 ...

(b) to order a witness to attend for examination, [F10 and—

(c) 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.

(2) 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.]

Textual Amendments

F8 S. 36A inserted (1.10. 1996 with savings) by 1996 c. 46, s. 18; S.I. 1996/2474, art. 2 (with art. 3)

F9 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)

F10 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)

[F11 36B Procedural directions: powers of single judge and registrar U.K.

(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—

(a) a judge of the Appeal Court, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

under this Part.

(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

Textual Amendments

F11 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)

36C Appeals against procedural directions U.K.

(1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.

(2) The Appeal Court may, on an application to it under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the judge, and

(b) give such procedural directions as it thinks fit.

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A judge of the Appeal Court may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) the Defence Council, if the directions—

(i) relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or

(iii) relate to an appeal.]

Textual Amendments

F11 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)

37 Documents relating to trial to be furnished for appeal. U.K.

(1) In the case of every appeal or application for leave to appeal to the Appeal Court from a naval court-martial it shall be the duty of the Defence Council to furnish to the registrar, in accordance with rules of court, the proceedings of the court-martial and any petition presented by the person tried thereby.

(2) In the case of every appeal or application for leave to appeal from an army or air force court-martial, it shall be the duty of the Judge Advocate General to furnish to the registrar, in accordance with rules of court, the proceedings of the court-martial F12 . . . and any petition presented by the person tried thereby.

Textual Amendments

F12 Words in s. 37(2) repealed (1.4.1997) by 1996 c. 46, s. 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3)

[F13 [F14 37A False statements in computer record certificates. U.K.

(1) 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—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2) 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.

(3) In this section “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act M1 1982.]]

Textual Amendments

F13 S. 37A repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 5

F14 S. 37A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 34

Marginal Citations

M1 1982 c.48 (39:1).

38 Defence of appeals. U.K.

It shall be the duty of the Defence Council to undertake the defence of any appeal to the Appeal Court under this Part of this Act.