Courts-Martial (Appeals) Act 1968

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

(1) The following powers of the Appeal Court under this Part of this Act, 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; and

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

[F1 and the power to give directions under section 4(4) of the Sexual Offences (Amendment) Act 1976 as adapted by section 5(1)(d) of that Act][F2 or 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 [F3 for the purpose in accordance with section 5 of this Act].

Textual Amendments

F1 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)

F2 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

F3 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), ss. 145(5), 153(4)(d)