Armed Forces Act 2006

Amendment of the Court Martial Appeals Act 1968

1 After section 29 of the Court Martial Appeals Act 1968 insert—

“29A Power to order investigation by Criminal Cases Review Commission

(1) On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

(a) in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;

(b) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(c) an investigation of the matter by the Commission is likely to result in the Court’s being able to resolve it; and

(d) the matter cannot be resolved by the Court without an investigation by the Commission.

(2) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act.

(3) A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated.

(4) Copies of such a direction shall be made available to the appellant and the respondent.

(5) Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court—

(a) shall notify the appellant and the respondent that the Commission have reported; and

(b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it.

(6) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.”