Courts-Martial (Appeals) Act 1968

1. Introductory Text

2. PART I The Courts-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. Constitution of Court for particular sittings

   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 Courts-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 wrong in law, etc.

      2. 13. Adjustment of sentence in case of conviction on two or more charges

      3. 14. Substitution of conviction on different charge

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

      5. 16. Substitution of finding of insanity or unfitness to plead

      6. 17. Term of sentence passed under s. 13, 14 or 15

   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. Power to order detention under mental health legislation

   5. Unfitness to stand trial

      1. 24. Appeal against finding of unfitness

      2. 25. Disposal of appeal under s. 24

   6. General procedural provisions

      1. 26. Presentation of appellant's case

      2. 27. Presence of appellant at hearing

      3. 28. Evidence

      4. 29. Power to call for report by member of trial court

      5. 30. Other powers for facilitating disposal of appeal

   7. Costs

      1. 31. Costs of successful appeal

      2. 32. Costs against appellant

      3. 33. Witnesses' expenses

   8. Special references to Appeal Court

      1. 34. Reference of cases by Service authorities

      2. 35. Order for costs of defence on reference under s. 34

   9. Supplementary

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

      2. 37. Documents relating to trial to be furnished for appeal

      3. 38. Defence of appeals

4. PART III Appeal from Courts-Martial Appeal Court to House of Lords

   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. 44. Presence of accused at hearing

   7. 45. Effect of appeal on sentence

   8. 46. Restitution of property

   9. 47. Costs

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

5. PART IV Miscellaneous and General

   1. 49. Rules of court

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

   3. 51. Legal aid

   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. Modification for protected prisoners of war

   9. 57. Interpretation

   10. 58. Consequential amendment 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. On the retrial of any person under section 19 of...

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

      2. PART II Army

         1. 3. On the retrial of a person under section 19 of...

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

      3. PART III Air Force

         1. 5. On the retrial of a person under section 19 of...

         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 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. (1) Where sentence of death passed on a person on...

         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...

   3. SCHEDULE 3

      Modifications in Relation to Prisoners of War

      1. 1. In this Schedule " protected prisoner of war " means...

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

   4. SCHEDULE 4

      Consequential Amendment of Enactments

      1. THE ARMY ACT 1955 (c. 18)

         1. Section 113.

         2. Section 118

         3. Section 138

      2. THE AIR FORCE ACT 1955 (c. 19)

         1. Section 113

         2. Section 118

         3. Section 138

      3. THE NAVAL DISCIPLINE ACT 1957 (c. 53)

         1. Section 70

         2. Section 71

         3. Section 77

         4. Section 85

      4. THE MENTAL HEALTH ACT 1959 (c. 72)

         1. Section 71

      5. THE MENTAL HEALTH (SCOTLAND) ACT 1960 (c. 61)

         1. Section 64

      6. THE MENTAL HEALTH ACT (NORTHERN IRELAND) 1961 (c. 15)

         1. Section 57

   5. SCHEDULE 5

      Transitional 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...

   6. SCHEDULE 6

      Repeals