Armed Forces Act 1971

Section 73.

Schedule 2 U.K. AMENDMENTS ABOUT APPEALS AGAINST SENTENCE

Modifications etc. (not altering text)

C1 The text of ss. 2–25, 27–32, 34–50, 52, 53, 55–63, 65, 66, 68, 70–75, 77(1), Schs. 2, 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Courts-Martial (Appeals) Act 1968 U.K.

1 (1) The M1 Courts-Martial (Appeals) Act 1968 shall be amended as follows. U.K.

(2) In section 8(2)(a), after the word “quashed” there shall be inserted the words “or, as the case may require, that his sentence be quashed or (if a sentence of a naval court-martial) annulled”.

(3) In sections 13(a), 14(1), 15(1), and 15(2), after the words “Appeal Court” there shall be inserted the words “on an appeal against conviction”.

(4) In section 16(1), after the words “on an appeal” there shall be inserted the words “against conviction”.

(5) In section 17(1), for the words “or 15” there shall be substituted the words “15 or 16A”, and in section 17(2), after the words “conviction by”, in both paragraphs, there shall be inserted the words “or the sentence of”.

(6) In section 31(1), after the words “an appeal” there shall be inserted the words “other than an appeal against sentence”.

(7) In section 34, the words “under subsection (1) above” shall be substituted for the words “this section” in subsection (2), and the following subsection shall be added after subsection (3):—

“(4) Where a person convicted by court-martial is a civilian as defined in section 8(5) of this Act, the Secretary of State may, if consideration thereof by the Appeal Court appears to him for any reason desirable, refer the sentence of the court-martial to the Court; and any such reference shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act”.

(8) In Schedule 2—

(a) in paragraph 1(1), after the words “the right of appeal” there shall be inserted the words “against conviction and any right of appeal against sentence”, and

(b) in paragraph 4, after the words “a conviction involving sentence of death” there shall be inserted the words “or against such a sentence itself”, and after the words “any such conviction” there shall be inserted the words “or sentence”.

Marginal Citations

M1 1968 c. 20.

The Army Act 1955 and the Air Force Act 1955 U.K.

2 U.K. Section 113(3) of the M2 Army Act 1955 and section 113(3) of the M3 Air Force Act 1955 shall each be amended by inserting after the words “leave to appeal” where first occurring the words “against conviction or sentence”, and by adding at the end “or, as the case may be, to the sentence to which the application relates”.

Marginal Citations

M2 1955 c. 18.

M3 1955 c. 19.

The Naval Discipline Act 1957 U.K.

3 U.K. Section 70(3) of the M4 Naval Discipline Act 1957 shall be amended by inserting after the words “63(1)” the words “or a sentence of a court-martial”, after the words “the finding” the words “or sentence”, and after the words “or finding” the words “or sentence”.

Marginal Citations

M4 1957 c. 53.