Constitutional Reform Act 2005

Courts-Martial (Appeals) Act 1968 (c. 20)

17 (1) The Courts-Martial (Appeals) Act 1968 is amended as follows.

(2) In section 5 (constitution of court for particular sittings) in subsection (3)(b) for “House of Lords” substitute “Supreme Court”.

(3) In sections 39 and 40 (right of appeal, and application for leave to appeal)—

(a) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”;

(b) for “the Court” in each place substitute “the Appeal Court”.

(4) In section 41 (hearing and disposal of appeal)—

(a) omit subsections (1) and (2);

(b) in subsection (3) for “House of Lords” substitute “Supreme Court”.

(5) In sections 42 and 43 (bail, and detention of accused) for “House of Lords” in each place substitute “Supreme Court”, and in section 42 for “the Court” substitute “the Appeal Court”.

(6) In section 44 (presence of accused at hearing)—

(a) for “the House of Lords” in the first place substitute “the Supreme Court”;

(b) for “an order of the House of Lords authorises” substitute “Supreme Court Rules authorise”;

(c) for “that House” substitute “the Supreme Court”.

(7) In section 45 (effect of repeal on sentence) in subsection (1) for “House of Lords” in each place substitute “Supreme Court”.

(8) In section 46 (restitution of property) for “the House of Lords” and “the House” in each place substitute “the Supreme Court”.

(9) In section 47 (costs) for “the House of Lords” and “that House” in each place substitute “the Supreme Court”, and for “the Court or the House” substitute “the Appeal Court or the Supreme Court”.

(10) In sections 50 and 57 (duties of registrar with respect to appeals etc, and interpretation) for “House of Lords” substitute “Supreme Court”.