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Courts-Martial (Appeals) Act 1951

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24Interpretation of Part I

(1)In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • " air force court-martial" means a court-martial under the Air Force Act; " appellant" includes a person who has been convicted by a court-martial and desires to appeal under this Part of this Act to the Court;

  • " army court-martial" means a court-martial under the Army Act;

  • " the Court" means the Courts-Martial Appeal Court constituted by this Part of this Act;

  • " court-martial" means a naval, army or air force court-martial ;

  • " the Judge Advocate General" means the Advocate General or Judge Martial of all His Majesty's regular, auxiliary and reserve land and air forces;

  • " the Lord Chief Justice " means the Lord Chief Justice of England;

  • " naval court-martial" means a court-martial under the Naval Discipline Act, and includes a disciplinary court constituted under section fifty-seven A of that Act;

  • " prescribed " means prescribed by rules of court;

  • " the registrar " means the registrar of the Court;

  • " rules of court" means rules of court made by the Lord Chief Justice with the approval of the Lord Chancellor.

(2)In this Part of this Act the expression " on active service ", in relation to a person subject to military law, has the meaning assigned to it by subsection (1) of section one hundred and eighty-nine of the Army Act and, in relation to a person subject to the Air Force Act, has the meaning assigned to it by subsection (1) of section one hundred and eighty-nine of that Act, and a person who is deemed for the purposes of either of those Acts to be on active service shall be deemed also for the purposes of this Part of this Act to be on active service.

(3)For the purposes of this Part of this Act, any finding or sentence substituted, by virtue of powers conferred in that behalf by the Army Act or the Air Force Act, for a finding of, or sentence passed by, a court-martial shall be deemed to be a finding of, or sentence passed by, that court-martial, and any conviction obtaining by virtue of a finding substituted as aforesaid shall be deemed to be a conviction by the court-martial.

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