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Courts-Martial (Appeals) Act 1968

1968 c. 20 · Enacted 8 May 1968 · Extends to United Kingdom

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 16 October 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 36(1)(a)text amendedArmed Forces Act 2001 Sch. 6 para. 56
s. 56repealedArmed Forces Act 2011 s. 23(2) Sch. 5

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] I1C1C2C3C4C5C6C7C8C9C10C11C12

Annotations to the whole text

Modifications

C1

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

C2

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

C3

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

C4

Act: power to amend conferred (25.8.2006) by Armed Forces Act 2001 (c. 19), ss. 30(4)(e), 39(2); S.I. 2006/2309, art. 2

C5

Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 268(5), 383(2) (with s. 271(1)); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C6

Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 231(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C7

Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 235(1), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C8

Act power to modify or exclude conferred (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 165(7), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C9

Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 5 para. 23; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C10

Act modified (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), ss. 192(2), 383(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C11

Act modified by 2006 c. 52, s. 232B(2) (as inserted (8.3.2012 for specified purposes) by Armed Forces Act 2011 (c. 18), ss. 17(1), 32(3); S.I. 2012/669, art. 3(d))

C12

Act modified by 2006 c. 52, s. 269C(2) (as inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c))

Commencement

I1

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

Contents

  1. Part I: THE COURT MARTIAL APPEAL COURT
  2. 1The Court and its jurisdiction.
  3. 2Judges.
  4. 3Other senior judges who may exercise powers of Appeal Court.
  5. 4Sittings.
  6. 5Section 5
  7. 6Power of Master of the Rolls to act for Lord Chief Justice.
  8. 7Court staff, salaries and pensions.
  9. Part II: APPEALS FROM THE COURT MARTIAL
  10. Right of appeal and initiating procedure
  11. 8Right of appeal.
  12. 9Application for leave to appeal.
  13. 10Alternative procedure for appeal from court-martial abroad. Repealed
  14. 11Consideration of application by Appeal Court.
  15. Disposal of appeal
  16. 12Power to quash conviction as unsafe.
  17. 13Power to re-sentence when some but not all convictions successfully appealed.
  18. 14Substitution of conviction on different charge otherwise than after guilty plea.
  19. 14ASubstitution of conviction on different charge after guilty plea
  20. 15Variation of conviction so as to attract different sentence. Repealed
  21. 16Substitution of finding of insanity or findings of unfitness to stand trial etc.
  22. 16AAppeals against sentence.
  23. 17Term of sentence passed under s. 13, 14 , 14A or 16A.
  24. 17AAppeals by civilians: application of Service Act provisions. Repealed
  25. Retrial
  26. 18Retrial generally excluded. Repealed
  27. 19Power to authorise retrial in certain cases.
  28. 20Implementation of authority for retrial, and supplementary orders of Appeal Court.
  29. Insanity
  30. 21Appeal against finding of not guilty by reason of insanity.
  31. 22Consequences where appeal under s. 21 allowed.
  32. 23Substitution of findings of unfitness to stand trial etc. Repealed
  33. 23ASubstitution of finding of not guilty. Not yet in force
  34. Unfitness to stand trial
  35. 24Appeal against finding of unfitness.
  36. 25Disposal of appeal under s. 24
  37. Appeal against order made in cases of insanity or unfitness to stand trial
  38. 25ARight of appeal against hospital order etc.
  39. 25BDisposal of appeal under s. 25A
  40. Appeals following references by the CCRC
  41. 25CPower to dismiss certain appeals following references by the CCRC
  42. General procedural provisions
  43. 26Presentation, of appellant’s case. Repealed
  44. 27Right of appellant to be present.
  45. 28Evidence.
  46. 29Power to call for report by member of the Court Martial.
  47. 29APower to order investigation by Criminal Cases Review Commission
  48. 30Other powers for facilitating disposal of appeal.
  49. Costs
  50. 31Costs of successful appeal.
  51. 31ALegal costs
  52. 32Costs against appellant.
  53. 33Witnesses’ expenses.
  54. 33AAppellant’s expenses.
  55. 33BFurther provision about costs
  56. 33CRegulations
  57. Special references to Appeal Court
  58. 34Reference of cases by Service authorities.
  59. 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  60. Supplementary
  61. 35AEffect of interim hospital orders
  62. 36Powers under Part II which are exercisable by single judge.
  63. 36APowers under Part II which are exercisable by registrar.
  64. 36BProcedural directions: powers of single judge and registrar
  65. 36CAppeals against procedural directions
  66. 37Provision of record of proceedings of the Court Martial.
  67. 37AFalse statements in computer record certificates.
  68. 38Defence of appeals.
  69. Part III: APPEAL FROM COURT MARTIAL APPEAL COURT TO Court of Judicature
  70. 39Right of appeal.
  71. 40Application for leave to appeal.
  72. 41Hearing and disposal of appeal.
  73. 42Bail.
  74. 43Detention of accused.
  75. 43AContinuation of community treatment order
  76. 44Presence of accused at hearing.
  77. 45Effect of appeal on sentence.
  78. 46Restitution of property. Repealed
  79. 46ACosts: application to Appeal Court by Director of Service Prosecutions
  80. 46BCosts: application to Appeal Court by accused
  81. 47Costs : application to Supreme Court .
  82. 47AFurther provision about costs
  83. 47BRegulations
  84. 48Powers under Part III which are exercisable by single judge.
  85. 48AAppeals on behalf of deceased persons.
  86. Part IV: Miscellaneous and General
  87. 49Rules of Court.
  88. 50Duties of registrar with respect to appeals etc.
  89. 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  90. 52Removal of prisoners.
  91. 53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  92. 54Saving for prerogative.
  93. 55Modification of provisions in Parts II and III for capital cases. Repealed
  94. 56Modifications for protected prisoners of war
  95. 57Interpretation.
  96. 58Consequential amendments of enactments. Repealed
  97. 59Transitional provisions.
  98. 60Repeals.
  99. 61Short title and commencement.
  100. Schedule 1: Provisions as to Retrial
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. Schedule 2: Procedural and other Modifications for Capital Cases Repealed
  106. Modifications of Part II Repealed
  107. 1Paragraph 1 Repealed
  108. 2Paragraph 2 Repealed
  109. 3Paragraph 3 Repealed
  110. 4Paragraph 4 Repealed
  111. 5Paragraph 5 Repealed
  112. Modifications of Part III Repealed
  113. 6Paragraph 6 Repealed
  114. 7Paragraph 7 Repealed
  115. Schedule 3: Modifications in Relation to Prisoners of War
  116. ...Paragraph ... Repealed
  117. Paragraph Repealed
  118. Paragraph Repealed
  119. Paragraph Repealed
  120. Paragraph Repealed
  121. Schedule 4: Consequential Amendment of Enactments
  122. ...
  123. Paragraph Repealed
  124. Paragraph Repealed
  125. Paragraph Repealed
  127. Paragraph Repealed
  128. Paragraph Repealed
  129. Paragraph Repealed
  131. Paragraph Repealed
  132. Paragraph Repealed
  133. Paragraph Repealed
  134. Paragraph Repealed
  135. Paragraph Repealed
  136. Paragraph Repealed
  137. Paragraph Repealed
  138. Paragraph Repealed
  139. Schedule 5: Transistional Provisions
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. Schedule 6Repeals