Armed Forces Act 2001

23 Restriction of judicial review of courts-martial U.K.

(1) Section 29 of the [F1 Senior Courts Act 1981] (c. 54) (orders of mandamus, prohibition and certiorari) is amended as follows.

(2) In subsection (1) at the beginning there is inserted “ Subject to subsection (3A), ”.

(3) After subsection (3) there is inserted—

“(3A) The High Court shall have no jurisdiction to make orders of mandamus, prohibition or certiorari in relation to the jurisdiction of a court-martial in matters relating to—

(a) trial by court-martial for an offence, or

(b) appeals from a Standing Civilian Court;

and in this subsection “court-martial” means a court-martial under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.”

Textual Amendments

F1 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Commencement Information

I1 S. 23 in force at 28.2.2002 by S.I. 2002/345, art. 2 (with art. 3)