Courts-Martial (Appeals) Act 1968

Section 58.

SCHEDULE 4 Consequential Amendment of Enactments

THE ARMY ACT 1955 (c. 18)

Section 113.

In subsection (3), for the words " paragraph (b) of subsection (3) of section 4 of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " section 9(4)(b) of the Courts-Martial (Appeals) Act 1968 " .

After section 113 there shall be inserted the following section :—

“113A Power of reviewing authority to authorise retrial.

(1) The following provisions of the Courts-Martial (Appeals) Act 1968, that is to say.—

• section 19,

• section 20, and

• Parts II and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by Her Majesty or the Defence Council under section 113 of this Act of the findings of a court-martial, as they apply in relation to an appeal to the Courts-Martial Appeal Court.

(2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.”

Section 118

In subsection (1), for the words " subsection (7) of section 4 of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " section 11(2) of the Courts-Martial (Appeals) Act 1968 ".

Section 138

In subsection (9), for the words (in paragraph (a)) " Part I of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " Part II of the Courts-Martial (Appeals) Act 1968 " ; and for the words (in paragraph (e)) " the said Act of 1951 " there shall be substituted the words " Part II of the said Act of 1968 ".

THE AIR FORCE ACT 1955 (c. 19)

Section 113

In subsection (3), for the words "paragraph (h) of subsection (3) of section 4 of the Courts-Martial (Appeals) Act 1951" there shall be substituted the words " section 9(4)(b) of the Courts-Martial (Appeals) Act 1968 " .

After section 113 there shall be inserted the following section :—

“113A Power of reviewing authority to authorise retrial.

(1) The following provisions of the Courts-Martial (Appeals) Act 1968, that is to say.—

• section 19,

• section 20, and

• Parts III. and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by Her Majesty or the Defence Council under section 113 of this Act of the findings of a court-martial, as they apply in relation to an appeal to the Courts-Martial Appeal Court.

(2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.”

Section 118

In subsection (1), for the words " subsection (7) of section 4 of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " section 11(2) of the Courts-Martial (Appeals) Act 1968 ".

Section 138

In subsection (9), for the words (in paragraph (a)) " Part I of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " Part II of the Courts-Martial (Appeals) Act 1968 " ; and for the words (in paragraph (e)) " the said Act of 1951" there shall be substituted the words " Part II of the said Act of 1968 ".

THE NAVAL DISCIPLINE ACT 1957 (c. 53)

Section 70

In subsection (3), for the words " paragraph (b) of subsection (3) of section 4 of the Courts-Martial (Appeals) Act 1951" there shall be substituted the words " section 9(4)(b) of the Courts-Martial (Appeals) Act 1968 ".

Section 71

At the end of the section there shall be inserted the following section—

“71A Power to authorise retrial.

(1) The following provisions of the Courts-Martial (Appeals) Act 1968, that is to say.—

• section 19,

• section 20, and

• Parts I and IV of Schedule 1,

(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by the Defence Council under section 70 of this Act of the findings of a court-martial as they apply in relation to an appeal to the Courts-Martial Appeal Court.

(2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.”

Section 77

In subsection (1), for the words (in paragraph (a)) " Part I of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " Part II of the Courts-Martial (Appeals) Act 1968 " .

In subsection (3), for the words " the said Act of 1951 " there shall be substituted the words " Part II of the said Act of 1968 ".

Section 85

In subsection (1), for the words " subsection (7) of section 4 of the Courts-Martial (Appeals) Act 1951" there shall be substituted the words " section 11(2) of the Courts-Martial (Appeals) Act 1968 ".

THE MENTAL HEALTH ACT 1959 (c. 72)

Section 71

In subsection (3), for the words " subsection (4) of section 6 of the Courts-Martial (Appeals) Act 1951" there shall be substituted the words " section 16 of the Courts-Martial (Appeals) Act 1968 ".

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

Section 64

In subsection (2), for the words " subsection (4) of section 6 of the Courts-Martial (Appeals) Act 1951 " there shall be substituted the words " section 16 of the Courts-Martial (Appeals) Act 1968 ".

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

Section 57

In subsection (1), for paragraph (a) there shall be substituted the following paragraph—

“(a) section 16 of the Courts-Martial (Appeals) Act 1968”.