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Revised Statute from The UK Statute Law Database

Courts-Martial (Appeals) Act 1968 (c.20)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Courts-Martial (Appeals) Act 1968

1968 CHAPTER 20

Contents

Go to Preamble

  1. Part I

    The Courts-Martial Appeal Court

    1. 1. The Court and its jurisdiction

    2. 2. Judges

    3. 3. Other senior judges who may exercise powers of Appeal Court

    4. 4. Sittings

    5. 5.

    6. 6. Power of Master of the Rolls to act for Lord Chief Justice

    7. 7. Court staff, salaries and pensions

  2. Part II

    Appeals from Courts-Martial

    1. Right of appeal and initiating procedure

      1. 8. Right of appeal

      2. 9. Application for leave to appeal

      3. 10. Alternative procedure for appeal from court-martial abroad

      4. 11. Consideration of application by Appeal Court

    2. Disposal of appeal

      1. 12. Power to quash conviction as unsafe

      2. 13. Adjustment of sentence in case of conviction on two or more charges

      3. 14. Substitution of conviction on different charge

      4. 15. Variation of conviction so as to attract different sentence

      5. 16. Substitution of finding of insanity or unfitness to plead

      6. 16A. Powers on appeals against sentence

      7. 17. Term of sentence passed under s. 13, 14 or 15

      8. 17A. Appeals by civilians: application of Service Act provisions

    3. Retrial

      1. 18. Retrial generally excluded

      2. 19. Power to authorise retrial in certain cases

      3. 20. Implementation of authority for retrial, and supplementary orders of Appeal Court

    4. Insanity

      1. 21. Appeal against finding of not guilty by reason of insanity

      2. 22. Consequences where appeal under s. 21 allowed

      3. 23. Power to order detention under mental health legislation

      4. 23A. Substitution of finding of not guilty

    5. Unfitness to stand trial

      1. 24. Appeal against finding of unfitness

      2. 25. Disposal of appeal under s. 24

    6. General procedural provisions

      1. 26. Presentation, of appellant’s case

      2. 27. Presence of appellant at hearing

      3. 28. Evidence

      4. 29. Power to call for report by member of trial court

      5. 30. Other powers for facilitating disposal of appeal

    7. Costs

      1. 31. Costs of successful appeal

      2. 32. Costs against appellant (E+W+S)

      3. 32. Costs against appellant (N.I.)

      4. 33. Witnesses’ expenses

      5. 33A. Appellant’s expenses

    8. Special references to Appeal Court

      1. 34. Reference of cases by Service authorities

      2. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    9. Supplementary

      1. 36. Powers under Part II which are exercisable by single judge

      2. 36A. Powers under Part II which are exercisable by registrar

      3. 37. Documents relating to trial to be furnished for appeal

      4. 37A. False statements in computer record certificates

      5. 38. Defence of appeals

  3. Part III

    Appeal from Courts-Martial Appeal Court to House of Lords

    1. 39. Right of appeal

    2. 40. Application for leave to appeal

    3. 41. Hearing and disposal of appeal

    4. 42. Bail

    5. 43. Detention of accused

    6. 44. Presence of accused at hearing

    7. 45. Effect of appeal on sentence

    8. 46. Restitution of property

    9. 47. Costs

    10. 48. Powers under Part III which are exercisable by single judge

    11. 48A. Appeals on behalf of deceased persons

  4. Part IV

    Miscellaneous and General

    1. 49. Rules of Court

    2. 50. Duties of registrar with respect to appeals etc

    3. 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 52. Removal of prisoners

    5. 53.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. 54. Saving for prerogative

    7. 55. Modification of provisions in Parts II and III for capital cases

    8. 56. Modification for protected prisoners of war

    9. 57. Interpretation

    10. 58. Consequential amendments of enactments

    11. 59. Transitional provisions

    12. 60. Repeals

    13. 61. Short title and commencement

  5. SCHEDULE 1

    Provisions as to Retrial

  6. SCHEDULE 2

    Procedural and other Modifications for Capital Cases

  7. SCHEDULE 3

    Modifications in Relation to Prisoners of War

  8. SCHEDULE 4

    Consequential Amendment of Enactments

  9. SCHEDULE 5

    Transistional Provisions

  10. SCHEDULE 6

    Repeals

An Act to consolidate the Courts-Martial (Appeals) Act 1951 and the enactments amending it, including so much of the Administration of Justice Act 1960 as provides an appeal from the Courts-Martial Appeal Court to the House of Lords.

[8th May 1968]

Annotations:

Modifications etc. (not altering text)

C1Act: Power to amend conferred (prosp.) by 2001 c. 19, ss. 30(4)(e), 39(2)

C2Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C3Act amended (women's services) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 Pt. I para. 1

Commencement Information

I1Act wholly in force at 1.9.1968 see s. 61(1)

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