The Court Martial Appeal Court (Bail) Order 2009

No bail for defendants convicted of certain offences after previous conviction of such offences

4.—(1) An appellant who in any proceedings has been convicted of an offence to which this article applies in circumstances to which it applies shall be granted bail under article 3 only if the Court considering the grant of bail is satisfied that there are exceptional circumstances which justify it.

(2) This article applies, subject to paragraph (3)—

(a) to an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence specified in section 25(2) of the 1994 Act(1); and

(b) to an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence specified in section 25(2) of the 1994 Act.

(3) This article applies to an appellant convicted of any such offence only if he has been previously convicted—

(a) by a court-martial or the Court Martial of any such offence, or

(b) by or before a court in any part of the United Kingdom of an offence specified in section 25(2) of the 1994 Act or of culpable homicide, and

in the case of a relevant previous conviction, if he was then sentenced to imprisonment or, if he was then a child or young person, to long-term detention under any of the relevant enactments.

(4) In this article—

(a) “conviction” includes—

(i) a finding that a person is not guilty by reason of insanity,

(ii) a finding under section 4A(3) of the Criminal Procedure (Insanity) Act 1964(2), section 115B(2) of the 1955 Acts, section 62B(2) of the 1957 Act(3) or section 167(2) of the 2006 Act (cases of unfitness to plead) that a person did the act or made the omission charged against him, and

(iii) a conviction of an offence for which an order is made discharging the offender absolutely or conditionally,

and “convicted” shall be construed accordingly;

(b) “relevant enactments” has the same meaning as in section 25(5) of the 1994 Act;

(c) “relevant previous conviction” means a previous conviction for—

(i) manslaughter;

(ii) an offence under section 70 of either of the 1955 Acts or section 42 of the 1957 Act for which the corresponding civil offence, within the meaning of those Acts, is an offence of manslaughter;

(iii) an offence under section 42 of the 2006 Act for which the corresponding offence under the law of England and Wales, within the meaning of that section, is an offence of manslaughter; or

(iv) culpable homicide; and

(d) “young person” means a person who has attained the age of fourteen but is under the age of eighteen.

(1)

Section 25(2) was amended by the Sexual Offences Act 2003 (c. 42), section 139 and Schedule 6, paragraph 32(1) and (2).

(2)

1964 c. 84; section 4A was inserted by the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991(c.25), section 2.

(3)

Section 115B of the 1955 Acts and section 62B of the 1957 Act were inserted by the Domestic Violence, Crime and Victims Act 2004 (c. 28), section 26 and Schedule 3, paragraph 1.