Courts-Martial (Appeals) Act 1968

54 Saving for prerogative.U.K.

(1)Nothing in this Act is to be taken as affecting any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to quash a conviction by [F1the Court Martial], so far as regards the exercise thereof at a time before whichever of the following two events first occurs—

(a)the receipt by the registrar of an application for leave to appeal under Part II of this Act against the conviction; or

(b)the receipt by him of particulars of such an application furnished in pursuance of section 9 of this Act.

(2)Nothing in this Act is to be taken as affecting Her Majesty’s Royal prerogative of mercy.

Textual Amendments

F1Words in s. 54(1) substituted (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. 8 para. 49; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 54(1) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 128