77 Effect of appeal against conviction on order for restitution or compensation.F6U.K.
(1)The operation of any order made under section seventy-six of this Act on conviction by a court-martial F1. . . shall be suspended—
(a)in any case, until the expiration of the period prescribed under [F2Part II of the M1Courts-Martial (Appeals) Act 1968], as the period within which an application for leave to appeal to the Courts-Martial Appeal Court against [F3a relevant conviction] must be lodged; and
(b)if such an application is duly lodged, until either the application is finally refused or is withdrawn or the appeal is determined or abandoned;
and where the operation of any such order is suspended under this subsection, the order shall not take effect if the conviction is quashed on appeal.
(2)On any appeal to the Courts-Martial Appeal Court the court may by order annul or vary any order made under the said section seventy-six although [F3a relevant conviction] in respect of which it was made is not quashed.
(3)Rules of court made under [F2Part II of the said Act of 1968] may make provision for securing the safe custody, during the period during which the operation of an order is suspended under this section, of the property ordered to be restored or handed over or the money to which the order relates.
(4)Notwithstanding anything in this section, an order under the said section seventy-six shall not, so far as it relates to the delivery of property to the person appearing to be the owner thereof, be suspended if it is certified by [F4the Defence Council], or by the court or officer by whom the order is made, that the title to the property is not in dispute.
[F5(5)In this section “relevant conviction” means—
(a)where an order under section 76 above was made as a result of a conviction of such an offence of unlawfully obtaining property as is mentioned in subsection (1) of that section, that conviction; or
(b)where an order under that section was made as a result of such an offence of unlawfully obtaining property having been taken into consideration in determining sentence, the conviction or, if more than one, each conviction in respect of which the said sentence fell to be determined.]
Textual Amendments
F1Words in s. 77(1) repealed (28.2.2002 ) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)
F2Words substituted by Courts-Martial (Appeals) Act 1968 (c. 20), Sch. 4
F3Words substituted by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 4(1)
F4Words substituted by S.I. 1964/488, Sch. 1 Pt. I
F5S. 77(5) added by Armed Forces Act 1976 (c. 52), s. 14, Sch. 7 para. 4(2)
Marginal Citations
Textual Amendments applied to the whole legislation
F6Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions