Armed Forces Act 2001

Right of appeal to Courts-Martial Appeal Court

55 (1) Section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal) is amended as follows.

(2) In subsection (1A), for “any of those Schedules” there is substituted “Schedule 5A to the Army Act, Schedule 5A to the Air Force Act or Schedule 4A to the Naval Discipline Act”.

(3) For subsections (2) and (3) there is substituted—

“(2) Subject to subsection (3) below, the person’s right of appeal is not exercisable—

(a) unless he has presented a petition to the Defence Council under section 113 of the Army Act or the Air Force Act or section 70 of the Naval Discipline Act within the period prescribed for the purposes of the section in question, and

(b) until either the prescribed period (beginning with the day on which the petition is presented) expires or he is notified by the reviewing authority of the result of its review under the section in question, whichever first occurs.

(3) The Appeal Court may direct that a person who—

(a) has not presented a petition as mentioned in subsection (2)(a) above,

(b) has been notified by the reviewing authority of the result of its review under section 113 of the Army Act or the Air Force Act or section 70 of the Naval Discipline Act, and

(c) has applied for leave to appeal,

may appeal if they think that there is a reasonable explanation for his not having exercised his right to present a petition and that it is in the interests of justice that he should appeal.”

(4) In subsection (4) for “subsection (1)” there is substituted “subsection (2)”.