Courts-Martial (Appeals) (Now known as Court Martial Appeals) Act 1968

Cited authorities 17

Cited in

Amendments 486

Jurisdiction	UK Non-devolved

(1) ^F100The Court Martial Appeal Court shall continue in existence and is in this Act referred to either as “the Appeal Court” or as “the Court”.(2) The Appeal Court shall be a superior court of record and shall, for the purposes of this Act and subject to its provisions, have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before the Court.(3) The powers of the Appeal Court shall be exercisable by them so far as they think it necessary or expedient in the interests of justice that they should be exercised, and the Court may issue any warrants necessary for enforcing their orders or sentences.(4) Except as provided by Part III of this Act, no appeal shall lie from any decision of the Appeal Court.

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Courts-Martial (Appeals) Act 1968
Part I: THE COURT MARTIAL APPEAL COURT

1: The Court and its jurisdiction.

2: Judges.

3: Other senior judges who may exercise powers of Appeal Court.: Any power under this Act which is exercisable by a judge of the Appeal Court may also be exercised—

4: Sittings.

6: Power of Master of the Rolls to act for Lord Chief Justice.
7: Court staff, salaries and pensions.

Part II: APPEALS FROM THE COURT MARTIAL

Right of appeal and initiating procedure

8: Right of appeal.
9: Application for leave to appeal.
10: Alternative procedure for appeal from court-martial abroad.
11: Consideration of application by Appeal Court.

Disposal of appeal

12: Power to quash conviction as unsafe.
13: Power to re-sentence when some but not all convictions successfully appealed.
14: Substitution of conviction on different charge otherwise than after guilty plea.
14A: Substitution of conviction on different charge after guilty plea
15: Variation of conviction so as to attract different sentence.
16: Substitution of finding of insanity or findings of unfitness to stand trial etc.
16A: Appeals against sentence.
17: Term of sentence passed under s. 13, 14 , 14A or 16A.
17A: Appeals by civilians: application of Service Act provisions.

Retrial

18: Retrial generally excluded.
19: Power to authorise retrial in certain cases.
20: Implementation of authority for retrial, and supplementary orders of Appeal Court.

Insanity

21: Appeal against finding of not guilty by reason of insanity.
22: Consequences where appeal under s. 21 allowed.
23: Substitution of findings of unfitness to stand trial etc.
23A: Substitution of finding of not guilty.

Unfitness to stand trial

24: Appeal against finding of unfitness.
25: Disposal of appeal under s. 24

Appeal against order made in cases of insanity or unfitness to stand trial

25A: Right of appeal against hospital order etc.
25B: Disposal of appeal under s. 25A

Appeals following references by the CCRC

25C: Power to dismiss certain appeals following references by the CCRC

General procedural provisions

26: Presentation, of appellant’s case.
27: Right of appellant to be present.
28: Evidence.
29: Power to call for report by member of the Court Martial.
29A: Power to order investigation by Criminal Cases Review Commission
30: Other powers for facilitating disposal of appeal.

Costs

31: Costs of successful appeal.
31A: Legal costs
32: Costs against appellant.
32: Costs against appellant.
33: Witnesses’ expenses.
33A: Appellant’s expenses.
33B: Further provision about costs
33C: Regulations

Special references to Appeal Court

34: Reference of cases by Service authorities.
35: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

35A: Effect of interim hospital orders
36: Powers under Part II which are exercisable by single judge.
36A: Powers under Part II which are exercisable by registrar.
36B: Procedural directions: powers of single judge and registrar
36C: Appeals against procedural directions
37: Provision of record of proceedings of the Court Martial.
37A: False statements in computer record certificates.
38: Defence of appeals.

Part III: APPEAL FROM COURT MARTIAL APPEAL COURT TO Court of Judicature

39: Right of appeal.

40: Application for leave to appeal.

41: Hearing and disposal of appeal.

42: Bail.

43: Detention of accused.

43A: Continuation of community treatment order

44: Presence of accused at hearing.
45: Effect of appeal on sentence.

46: Restitution of property.
46A: Costs: application to Appeal Court by Director of Service Prosecutions

46B: Costs: application to Appeal Court by accused: Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the accused—

47: Costs : application to Supreme Court .

47A: Further provision about costs

47B: Regulations

48: Powers under Part III which are exercisable by single judge.: The following powers of the Appeal Court under this Part of this Act, that is to say the power—

48A: Appeals on behalf of deceased persons.

Part IV: Miscellaneous and General

49: Rules of Court.

50: Duties of registrar with respect to appeals etc.

51: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52: Removal of prisoners.: Rules or regulations made under—

53: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54: Saving for prerogative.

55: Modification of provisions in Parts II and III for capital cases.
56: Modifications for protected prisoners of war
57: Interpretation.

58: Consequential amendments of enactments.
59: Transitional provisions.
60: Repeals.
61: Short title and commencement.

SCHEDULES

SCHEDULE 1 Section 20
Provisions as to Retrial

SCHEDULE 2 Section 55.
Procedural and other Modifications for Capital Cases

Modifications of Part II
Modifications of Part III

SCHEDULE 3 Section 56.
Modifications in Relation to Prisoners of War

SCHEDULE 4 Section 58.
Consequential Amendment of Enactments

SCHEDULE 5 Section 59.
Transistional Provisions

SCHEDULE 6 Section 60.
Repeals

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Courts-Martial (Appeals) (Now known as Court Martial Appeals) Act 1968

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