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Courts-Martial (Appeals) Act 1968

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  1. Introductory Text

  2. 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.(1) Subject to subsection (4) below, the Appeal Court shall...

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

    7. 7. Court staff, salaries and pensions.

  3. 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.

      3. 33. Witnesses’ expenses.

      4. 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.

  4. 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.

  5. 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. Exclusion of appeals etc. in case of certain Commonwealth naval courts-martial.

    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.

  6. SCHEDULES

    1. SCHEDULE 1

      Provisions as to Retrial

      1. Part I Navy

        1. 1.On the retrial of any person under section 19 of...

        2. 2.Where a person authorised to be retried is again convicted...

      2. Part II Army

        1. 3.On the retrial of a person under section 19 of...

        2. 4.Where a person authorised to be retried is again convicted...

      3. Part III Air Force

        1. 5.On the retrial of a person under section 19 of...

        2. 6.Where a person authorised to be retried is again convicted...

      4. Part IV Provision applying to all three Services

        1. 7.Where a person authorised under section 19 of this Act...

    2. SCHEDULE 2

      Procedural and other Modifications for Capital Cases

      1. Modifications of Part II

        1. 1.(1) In the case of a conviction involving sentence of...

        2. 2.(1) The following shall apply where a conviction by court-martial...

        3. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 4.Any appeal to the Appeal Court against a conviction involving...

        5. 5.The Appeal Court shall not have power, by virtue of...

      2. Modifications of Part III

        1. 6.In a case involving sentence of death the power of...

        2. 7.(1) Where, in a case involving sentence of death, an...

    3. SCHEDULE 3

      Modifications in Relation to Prisoners of War

      1. 1.In this Schedule “protected prisoner of war”has the same meaning...

      2. 2.In relation to a protected prisoner of war, this Act...

      3. 3.In relation to a protected prisoner of war this Act...

      4. 4.Paragraph 3(1) of Schedule 2 to this Act shall not...

    4. SCHEDULE 4

      Consequential Amendment of Enactments

      1. The Army Act 1955 (c.18)

        1. Section 113.In subsection (3), for the words “paragraph (b) of subsection...

        2. Section 118.In subsection (1), for the words “subsection (7) of section...

        3. Section 138.In subsction (9), for the words (in paragraph(a)) “Part I...

      2. The Air Force Act 1955 (c. 19)

        1. Section 113.In subsecton (3), for the words “paragraph (b) of subsection...

        2. Section 118.In subsection (1), for the words “Subsection (7) of section...

        3. Section 138.In subsection (9), for the words (in paragraph(a)) “Part I...

      3. The Naval Discipline Act 1957 (c.53)

        1. section 70.In subsection (3),for the words “paragraph (b) of subsection (3)...

        2. Section 71.At the end of the section there shall be insrted...

        3. section 77.In subsection (1), for the words (in paragraph (a)) “Part...

        4. In subsection (1), for the words “the said Act of...

        5. Section 85.In subsection (1), for the words “subsection (7) of section...

        6. . . . . . . . . . ....

        7. . . . . . . . . . ....

        8. . . . . . . . . . ....

    5. SCHEDULE 5

      Transistional Provisions

      1. 1.(1) Any right of appeal subsisting immediately before the commencement...

      2. 2.(1) In so far as any order, appointment, rule or...

      3. 3.The mention of particular matters in this Schedule shall not...

    6. SCHEDULE 6

      Repeals

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