Courts Act 2003 (c. 39)

Part 8 E+W Miscellaneous

Provisions relating to criminal procedure and appeals E+W

90 Appeals to Courts-Martial Appeal Court: procedural directions U.K.

(1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the Appeal Court under Part 2 of that Act exercisable by single judge), in subsection (1), after paragraph (g) insert—

“(h) to make orders under section 28(1)(a).”, and at the end of paragraph (f), omit “and”.

(2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert “and—

(c) to make orders under section 28(1)(a).”, and at the end of paragraph (a), omit “and”.

(3) After section 36A of that Act insert—

“36B Procedural directions: powers of single judge and registrar

(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—

(a) a judge of the Appeal Court, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

under this Part.

(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

36C Appeals against procedural directions

(1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.

(2) The Appeal Court may, on an application to it under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the judge, and

(b) give such procedural directions as it thinks fit.

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A judge of the Appeal Court may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) the Defence Council, if the directions—

(i) relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or

(iii) relate to an appeal.”

(4) Sections 36B to 36C of that Act apply to—

(a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and

(b) appeals in relation to which leave to appeal is granted on or after that date.