Search Legislation

Advanced Search

Courts-Martial (Appeals) Act 1968

Changes to legislation:

Courts-Martial (Appeals) Act 1968 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. 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 affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

  • s. 1(4) restricted by 2006 c. 52, s. 304D(12) (as inserted) by 2016 c. 21 s. 10
  • s. 1(4) restricted by 2006 c. 52, s. 304E(11) (as inserted) by 2016 c. 21 s. 11
  • s. 8(1A) text amended by 2001 c. 19 Sch. 6 para. 55(2) (This amendment not applied to legislation.gov.uk. Sch. 6 para. 55 repealed (31.10.2009) without ever being in force by 2006 c. 52, Sch. 17; S.I. 2009/1167, art. 4)
  • s. 8(2) s. 8(3) (4) text amended by 2001 c. 19 Sch. 6 para. 55(3) (4) (This amendment not applied to legislation.gov.uk. Sch. 6 para. 55 repealed (31.10.2009) without ever being in force by 2006 c. 52, Sch. 17; S.I. 2009/1167, art. 4)
  • s. 28(1)(b) words substituted by 2006 c. 52 Sch. 8 para. 31(a)(i)
  • s. 36(1)(a) text amended by 2001 c. 19 Sch. 6 para. 56 (This amendment not applied to legislation.gov.uk. Sch. 6 para. 56 repealed (31.10.2009) without ever being in force by 2006 c. 52, Sch. 17; S.I. 2009/1167, art. 4)
  • s. 56 repealed by 2011 c. 18 s. 23(2) Sch. 5

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

  1. Introductory Text

  2. Part I THE COURT MARTIAL APPEAL COURT

    1. 1. The Court and its jurisdiction.

    2. 2. Judges.

    3. 3. Other senior judges who may exercise powers of Appeal Court.

    4. 4. Sittings.

    5. 5.

    6. 6. Power of Master of the Rolls to act for Lord Chief Justice.

    7. 7. Court staff, salaries and pensions.

  3. Part II APPEALS FROM THE COURT MARTIAL

    1. Right of appeal and initiating procedure

      1. 8. Right of appeal.

      2. 9. Application for leave to appeal.

      3. 10. Alternative procedure for appeal from court-martial abroad.

      4. 11. Consideration of application by Appeal Court.

    2. Disposal of appeal

      1. 12. Power to quash conviction as unsafe.

      2. 13.Power to re-sentence when some but not all convictions successfully appealed.

      3. 14. Substitution of conviction on different charge otherwise than after guilty plea.

      4. 14A.Substitution of conviction on different charge after guilty plea

      5. 15. Variation of conviction so as to attract different sentence.

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

      7. 16A. Appeals against sentence.

      8. 17. Term of sentence passed under s. 13, 14 , 14A or 16A.

      9. 17A. Appeals by civilians: application of Service Act provisions.

    3. Retrial

      1. 18. Retrial generally excluded.

      2. 19. Power to authorise retrial in certain cases.

      3. 20. Implementation of authority for retrial, and supplementary orders of Appeal Court.

    4. Insanity

      1. 21. Appeal against finding of not guilty by reason of insanity.

      2. 22. Consequences where appeal under s. 21 allowed.

      3. 23.Substitution of findings of unfitness to stand trial etc.

      4. 23A. Substitution of finding of not guilty.

    5. Unfitness to stand trial

      1. 24. Appeal against finding of unfitness.

      2. 25.Disposal of appeal under s. 24

    6. Appeal against order made in cases of insanity or unfitness to stand trial

      1. 25A.Right of appeal against hospital order etc.

      2. 25B.Disposal of appeal under s. 25A

    7. Appeals following references by the CCRC

      1. 25C.Power to dismiss certain appeals following references by the CCRC

    8. General procedural provisions

      1. 26. Presentation, of appellant’s case.

      2. 27.Right of appellant to be present.

      3. 28. Evidence.

      4. 29. Power to call for report by member of the Court Martial.

      5. 29A.Power to order investigation by Criminal Cases Review Commission

      6. 30. Other powers for facilitating disposal of appeal.

    9. Costs

      1. 31. Costs of successful appeal.

      2. 31A.Legal costs

      3. 32. Costs against appellant.

      4. 33. Witnesses’ expenses.

      5. 33A. Appellant’s expenses.

      6. 33B.Further provision about costs

      7. 33C.Regulations

    10. Special references to Appeal Court

      1. 34. Reference of cases by Service authorities.

      2. 35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    11. Supplementary

      1. 35A.Effect of interim hospital orders

      2. 36. Powers under Part II which are exercisable by single judge.

      3. 36A. Powers under Part II which are exercisable by registrar.

      4. 36B.Procedural directions: powers of single judge and registrar

      5. 36C.Appeals against procedural directions

      6. 37.Provision of record of proceedings of the Court Martial.

      7. 37A. False statements in computer record certificates.

      8. 38. Defence of appeals.

  4. Part III APPEAL FROM COURT MARTIAL APPEAL COURT TO Court of Judicature

    1. 39. Right of appeal.

    2. 40. Application for leave to appeal.

    3. 41. Hearing and disposal of appeal.

    4. 42. Bail.

    5. 43. Detention of accused.

    6. 43A.Continuation of community treatment order

    7. 44. Presence of accused at hearing.

    8. 45. Effect of appeal on sentence.

    9. 46. Restitution of property.

    10. 46A.Costs: application to Appeal Court by Director of Service Prosecutions

    11. 46B.Costs: application to Appeal Court by accused

    12. 47. Costs : application to Supreme Court .

    13. 47A.Further provision about costs

    14. 47B.Regulations

    15. 48. Powers under Part III which are exercisable by single judge.

    16. 48A. Appeals on behalf of deceased persons.

  5. Part IV Miscellaneous and General

    1. 49. Rules of Court.

    2. 50. Duties of registrar with respect to appeals etc.

    3. 51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 52. Removal of prisoners.

    5. 53. Exclusion of appeals etc. in case of certain Commonwealth naval courts-martial.

    6. 54. Saving for prerogative.

    7. 55. Modification of provisions in Parts II and III for capital cases.

    8. 56.Modifications for protected prisoners of war

    9. 57. Interpretation.

    10. 58. Consequential amendments of enactments.

    11. 59. Transitional provisions.

    12. 60. Repeals.

    13. 61. Short title and commencement.

  6. SCHEDULES

    1. SCHEDULE 1

      Provisions as to Retrial

      1. 1.This Schedule applies where an order under section 19 is...

      2. 2.Evidence given at the retrial must be given orally if...

      3. 3.If the person is convicted on the retrial, the Court...

      4. 4.In sections 246 and 247 of the 2006 Act (crediting...

    2. SCHEDULE 2

      Procedural and other Modifications for Capital Cases

      1. Modifications of Part II

        1. 1.(1) In the case of a conviction involving sentence of...

        2. 2.(1) The following shall apply where a conviction by court-martial...

        3. 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        4. 4.Any appeal to the Appeal Court against a conviction involving...

        5. 5.The Appeal Court shall not have power, by virtue of...

      2. Modifications of Part III

        1. 6.In a case involving sentence of death the power of...

        2. 7.(1) Where, in a case involving sentence of death, an...

    3. SCHEDULE 3

      Modifications in Relation to Prisoners of War

      1. ....In this Schedule “ protected prisoner of war ” has...

      2. In relation to a protected prisoner of war, this Act...

      3. In relation to a protected prisoner of war this Act...

      4. In relation to a protected prisoner of war, sections 16...

      5. Paragraph 3(1) of Schedule 2 to this Act shall not...

    4. SCHEDULE 4

      Consequential Amendment of Enactments

      1. ...

        1. In subsection (3), for the words “paragraph (b) of subsection...

        2. In subsection (1), for the words “subsection (7) of section...

        3. In subsction (9), for the words (in paragraph(a)) “Part I...

      2. In subsecton (3), for the words “paragraph (b) of subsection...

      3. In subsection (1), for the words “Subsection (7) of section...

      4. In subsection (9), for the words (in paragraph(a)) “Part I...

      5. In subsection (3),for the words “paragraph (b) of subsection (3)...

      6. At the end of the section there shall be insrted...

      7. In subsection (1), for the words (in paragraph (a)) “Part...

      9. In subsection (1), for the words “subsection (7) of section...

    5. SCHEDULE 5

      Transistional Provisions

      1. 1.(1) Any right of appeal subsisting immediately before the commencement...

      2. 2.(1) In so far as any order, appointment, rule or...

      3. 3.The mention of particular matters in this Schedule shall not...

    6. SCHEDULE 6

      Repeals

Back to top

Options/Help

Print Options

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

Opening Options

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

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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