Courts-Martial (Appeals) Act 1968

8 Right of appeal. U.K.

(1) Subject to the provisions of this Act, a person convicted by [F1 court-martial] [F1 the Court Martial] may, with the leave of the Appeal Court, appeal to the Court [F2 —

(a) against his conviction; and

(b) against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted[F3 , whether passed on conviction or in subsequent proceedings].]

[F4 (1ZA) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.]

[F5 (1A) [F6 An appeal may also be brought, with the leave of the Appeal Court,—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) by a person on whom a fine is imposed or against whom a compensation order is made under paragraph 13 of any of those Schedules (parents and guardians subject to service jurisdiction).]]

(2) [F6 Subject as aforesaid, the person’s right of appeal shall not be exercisable—

(a) unless, within such period as may be prescribed, he presents to the Defence Council a petition praying that his conviction be quashed [F8 or, as the case may require, that his sentence be quashed F9 . . .]; and

(b) until either the prescribed period (beginning with the day on which the petition is presented) expires or he is notified by the Defence Council that the petition has not been granted, whichever event first occurs.]

(3) [F6 If a person presents a petition for the purposes of subsection (2)(a) above, but fails to do so within the period prescribed for those purposes and subsequently applies for leave to appeal, the Appeal Court may direct that he be treated as not having thereby lost his right of appeal if they think that there is a reasonable explanation of the failure and that it is in the interests of justice that he should be so treated.]

(4) [F6 Rules of court may provide that, in such circumstances as may be specified in the rules, a petition for the purposes of subsection (1) above which is presented to such person as may be specified in the rules shall be treated, for the purposes of that subsection, as having been presented to the Defence Council.]

F10 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 8(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. 7(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 S. 8(1): hyphen and sub-paras (a) and (b) substituted (1.4.1997 with savings) for words by 1996 c. 46, s. 17(2)(a); S.I. 1997/304, art. 2 (with art. 3)

F3 Words in s. 8(1)(b) added (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. 7(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 S. 8(1ZA) inserted (E.W.) (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 271(2), 336(2)

F5 S. 8(1A) added by Armed Forces Act 1976 (c. 52, SIF 7:1), s. 22(5), Sch. 9 para. 16

F6 S. 8(1A)-(4) repealed (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. 7(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7 S. 8(1A)(a) repealed (1.4.1997 with savings) by 1996 c. 46, ss. 17(2)(b), 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2 (with art. 3)

F8 Words inserted by Armed Forces Act 1971 (c. 33), Sch. 2 para. 1(2)

F9 Words in s. 8(2)(a) repealed (1.4.1997 with savings) by 1996 c. 46, s. 35(2), Sch. 7 Pt. III; S.I. 1997/304, art. 2, Sch. 1 (with art. 3)

F10 S. 8(5) repealed (1.4.1997 with savings) by 1996 c. 46, ss. 17(2)(c), 35(2), Sch. 7 Pt. II; S.I. 1997/304, art. 2, Sch. 1 (with art. 3)

Modifications etc. (not altering text)

C1 S. 8 extended by 1995 c. 35, s. 12A(5)(6) (as inserted (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. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)