Courts-Martial (Appeals) Act 1968

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

(1) The limitations imposed by—

• section 52 of the M1 Naval Discipline Act;

• section 132 of the Army Act; and

• section 132 of the Air Force Act,

with respect to the time within which a trial under those Acts respectively may be begun, shall not apply in the case of a retrial authorised by an order of the Appeal Court under section 19 of this Act; but a person to whom such an order applies shall not be retried unless the order convening the court-martial is issued within the period of three months beginning with the date of the order under section 19.

(2) The Appeal Court may, where they authorise a retrial, make such orders as appear to them to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid in pursuance of an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended.

(3) Where retrial is authorised in the case of a person who immediately before the date of the authorisation was liable to be detained in pursuance of a direction under United Kingdom mental health legislation, that direction shall continue in force until the relevant time as if his conviction had not been quashed.

(4) The legislation referred to in subsection (3) above is [F1 Part III of the Mental Health Act 1983], [F2 Part VI of the Mental Health (Scotland) Act 1984]and Part III of the Mental Health [F3 (Northern Ireland) Order 1986].

(5) In subsections (2) and (3) above the references to “the relevant time” are references to the expiration of the period of three months mentioned in subsection (1) of this section or, if during that period a court-martial has been convened for the retrial of an appellant, the time when his case is finally disposed of:

Provided that for the purposes of subsection (2) above the relevant time, in a case where the appellant is found guilty on his retrial, is the expiration of the period of twenty-eight days beginning with the date of the finding.

(6) Schedule 1 to this Act contains additional provisions applicable to a retrial authorised by order of the Appeal Court under section 19 of this Act; and of the four Parts of the Schedule, Part I applies to retrial under the M2 Naval Discipline Act; Part II applies to retrial under the Army Act; Part III applies to retrial under the M3 Air Force M4 Act; and Part IV applies to all three cases.

Textual Amendments

F1 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 24(a)

F2 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(1), Sch. 3 para. 10

F3 Words substituted by S.I. 1986/596, art. 6(a)

Marginal Citations

M1 1957 c. 53.

M2 1957 c. 53.

M3 1955 c. 18.

M4 1955 c. 19.