Courts-Martial (Appeals) Act 1968
Courts-Martial (Appeals) Act 1968 (1968 c. 20)
- Courts-Martial (Appeals) Act 1968 (1968 c. 20)
- 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.
- 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
- 47 Costs : application to Supreme Court .
- 47A Further provision about costs
- 47B Regulations
- 48 Powers under Part III which are exercisable by single judge.
- 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.
- 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 Provisions as to Retrial
- SCHEDULE 2 Procedural and other Modifications for Capital Cases
- Modifications of Part II
- Modifications of Part III
- SCHEDULE 3 Modifications in Relation to Prisoners of War
- SCHEDULE 4 Consequential Amendment of Enactments
- ...
- SCHEDULE 5 Transistional Provisions
- SCHEDULE 6 Repeals
Feedback