Search Legislation

Domestic Violence, Crime and Victims Act 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

Domestic Violence, Crime and Victims Act 2004, Cross Heading: Courts-Martial (Appeals) Act 1968 (c. 20) is up to date with all changes known to be in force on or before 15 August 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Courts-Martial (Appeals) Act 1968 (c. 20)E+W

6The Courts-Martial (Appeals) Act 1968 is amended as follows.E+W

7For section 16 substitute—E+W

16Substitution of finding of insanity or findings of unfitness to stand trial etc.

(1)This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of opinion—

(a)that the proper finding would have been one of not guilty by reason of insanity; or

(b)that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him.

(2)The Appeal Court shall make in respect of the appellant—

(a)a hospital order (with or without a restriction order);

(b)a supervision order; or

(c)an order for his absolute discharge.

(3)Where—

(a)the offence to which the appeal relates is an offence the sentence for which is fixed by law, and

(b)the Appeal Court have power to make a hospital order,

the Appeal Court shall make a hospital order with a restriction order (whether or not they would have power to make a restriction order apart from this subsection).

(4)The provisions of, or made under, the sections specified below shall apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to a court-martial.

The sections are—

(c)where the relevant Service Act is the Army Act, sections 116B to 116D of that Act;

(d)where the relevant Service Act is the Air Force Act, sections 116B to 116D of that Act;

(e)where the relevant Service Act is the Naval Discipline Act, sections 63B to 63D of that Act.

(5)Where the Appeal Court make an interim hospital order by virtue of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and

(b)section 38(7) of the Mental Health Act 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer.

(6)Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.

8In section 21 (appeal against finding of not guilty by reason of insanity), in subsection (1), after “except” insert “ section 8(2) and ”.E+W

9F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 3 para. 9 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

10F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Sch. 3 para. 10 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

11(1)Section 24 (appeal against finding of unfitness to stand trial) is amended as follows.E+W

(2)In subsection (1)—

(a)for “his trial” substitute “ trial and to have done the act or made the omission charged against him ”;

(b)for “the finding” substitute “ either or both of those findings ”.

(3)In subsection (2), after “except” insert “ section 8(2) and ”.

12For section 25 substitute—E+W

25Disposal of appeal under s. 24

(1)This section applies to appeals under section 24 of this Act.

(2)Where the Appeal Court allow an appeal against a finding that the appellant is unfit to stand trial—

(a)the appellant may be tried accordingly for the offence with which he was charged; and

(b)the Court may make such orders as appear to them necessary or expedient pending any such trial for the custody, release or continued detention of the appellant.

(3)Where, otherwise than in a case falling within subsection (2) above, the Appeal Court allow an appeal against a finding that the appellant did the act or made the omission charged against him, the Court shall, in addition to quashing the finding, direct a finding of not guilty to be recorded (but not a finding of not guilty by reason of insanity).

13After that section insert—E+W

Appeal against order made in cases of insanity or unfitness to stand trialE+W

Right of appeal against hospital order etc.E+W
25ARight of appeal against hospital order etc.

(1)A person in whose case a court-martial—

(a)makes a hospital order or interim hospital order by virtue of the relevant Service Act, or

(b)makes a supervision order under the relevant Service Act,

may appeal to the Appeal Court against the order.

(2)An appeal under this section lies only with the leave of the Appeal Court.

Disposal of appeal under s. 25AE+W
25BDisposal of appeal under s. 25A

(1)If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the court below dealt with him—

(a)they may quash any order which is the subject of the appeal; and

(b)they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the court below had power to make.

(2)The fact that an appeal is pending against an interim hospital order under the Mental Health Act 1983 shall not affect the power of the court below to renew or terminate the order or deal with the appellant on its termination.

(3)Where the Appeal Court make an interim hospital order by virtue of this section—

(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by a judicial officer and not by the Appeal Court; and

(b)section 38(7) of the said Act of 1983 (absconding offenders) shall have effect as if the reference to the court that made the order were a reference to a judicial officer.

(4)The fact that an appeal is pending against a supervision order under the relevant Service Act shall not affect any power conferred on any other court to revoke or amend the order.

(5)Where the Appeal Court make a supervision order by virtue of this section, any power of revoking or amending it shall be exercisable by a judicial officer and not by the Appeal Court.

14(1)Section 57 (interpretation) is amended as follows.E+W

(2)In subsection (1) insert at the relevant places—

duly approved” means approved for the purposes of section 12 of the Mental Health Act 1983 by the Secretary of State as having special experience in the diagnosis and treatment of mental disorder (within the meaning of that Act);;

hospital order” has the meaning given in section 37 of the Mental Health Act 1983;;

interim hospital order” has the meaning given in section 38 of that Act;;

judicial officer” has the same meaning as in the relevant Service Act;;

restriction order” has the meaning given to it by section 41 of the Mental Health Act 1983;;

supervision order” means an order which requires the person in respect of whom it is made to be under the supervision of another person for a period specified in the order of not more than two years.

(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Sch. 3 para. 14(3) repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

15F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Sch. 3 para. 15 repealed (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(2), 383(2), Sch. 17; S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources