Courts-Martial (Appeals) Act 1968

Supplementary U.K.

[F1 35A Effect of interim hospital orders U.K.

(1) This section applies where the Appeal Court—

(a) make an interim hospital order by virtue of any provision of this Part, or

(b) renew an interim hospital order so made.

(2) The Court Martial shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.]

Textual Amendments

F1 S. 35A inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 5; S.I. 2009/1028, art. 2(a)

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

(1) F2 The following powers of the Appeal Court ..., that is to say the power—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to give leave to appeal;

(c) to extend the period within which an application for leave to appeal must be lodged;

[F4 (ca) to make orders, or impose requirements, under section 20(1E);]

(d) to make orders under section 20(2) and discharge or revoke such orders;

(e) to allow an appellant to be present at any proceedings;

(f) to order witnesses to attend for examination; F5 ...

(g) to make an order under section 32 for the payment of costs,

[F6 (h) to make orders under section 28(1)(a).]

[F7 (ha) to renew an interim hospital order made by them by virtue of any provision of this Part;]

[F8 (i) to give a direction under section 3(4) of the Sexual Offences (Amendment) Act 1992 (direction disapplying provision as to anonymity of victim);

(j) to give leave under section 14(4B) of the Criminal Appeal Act 1995 (leave to add grounds of appeal on reference by Criminal Cases Review Commission);]

[F9 (k) to make a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009;

(l) to discharge or vary a witness anonymity order under any of sections 91, 92 and 93 of that Act;]

F10 ...

(2) If the judge refuses an application on the part of an appellant to exercise in his favour any of the powers mentioned in subsection (1) above (other than the power to make an order for the payment of costs), the appellant, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner, shall be entitled to have the application determined by the Appeal Court as duly constituted [F11 for the purpose in accordance with section 5 of this Act].

Textual Amendments

F2 Words in s. 36(1) repealed (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(a), Sch. 17; S.I. 2008/1650, art. 4(a)

F3 S. 36(1)(a) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 S. 36(1)(ca) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Word in s. 36(1)(f) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(1), 110(1), Sch. 10; S.I. 2005/910, art. 3(v)

F6 S. 36(1)(h) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(1), 110(1); S.I. 2005/910, art. 3(v)

F7 S. 36(1)(ha) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 6; S.I. 2009/1028, art. 2(a)

F8 S. 36(1)(i)(j) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(e); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9 S. 36(k)(l) inserted (1.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(3)(b), Sch. 21 para. 70 (with s. 180, Sch. 22 para. 22)

F10 Words in s. 36(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(d), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F11 Words substituted by Supreme Court Act 1981 (c. 54, SIF 37), ss. 145(5), 153(4)(d)

[F12 36A Powers under Part II which are exercisable by registrar. U.K.

(1) The following powers of the Appeal Court under this Part of this Act, namely the power—

(a) to extend the time within which notice of appeal or of application for leave to appeal may be given; F13 ...

(b) to order a witness to attend for examination, [F14 and—

(c) to make orders under section 28(1)(a)]

may be exercised by the registrar in the same manner as they may be exercised by the Court and subject to the same restrictions.

(2) If the registrar refuses an application on the part of an appellant to exercise in his favour any power specified in subsection (1) above, the appellant shall be entitled to have the application determined by any judge of the Appeal Court.]

Textual Amendments

F12 S. 36A inserted (1.10. 1996 with savings) by 1996 c. 46, s. 18; S.I. 1996/2474, art. 2 (with art. 3)

F13 Word in s. 36A(1)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(2), 110(1), Sch. 10; S.I. 2005/910, art. 3(v)

F14 S. 36A(1)(c) and word inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 90(2), 110(1); S.I. 2005/910, art. 3(v)

[F15 36B Procedural directions: powers of single judge and registrar U.K.

(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—

(a) a judge of the Appeal Court, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

under this Part.

(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

Textual Amendments

F15 Ss. 36B, 36C inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 90(3)(4), 110(1); S.I. 2005/910, art. 3(v)

36C Appeals against procedural directions U.K.

F16 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A judge of the Appeal Court may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) the [F18 Director of Service Prosecutions], if the directions—

(i) relate to an application for leave to appeal and appear to need the [F19 Director of Service Prosecutions'] assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or

(iii) relate to an appeal.]

Textual Amendments

F15 Ss. 36B, 36C inserted (1.4.2005) by Courts Act 2003 (c. 39), s. 90(3)(4), 110(1); S.I. 2005/910, art. 3(v)

F16 S. 36C(1) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

F17 S. 36C(2) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

F18 Words in s. 36C(5)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 38(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F19 Words in s. 36C(5)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 38(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F20 37 Provision of record of proceedings of the Court Martial. U.K.

In the case of every appeal or application for leave to appeal to the Appeal Court, the Judge Advocate General must provide the registrar, in accordance with rules of court, with a record of the proceedings of the Court Martial.]

Textual Amendments

F20 S. 37 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 39; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1 S. 37 applied (with modifications) (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 125

[F21 [F22 37A False statements in computer record certificates. U.K.

(1) Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before the Appeal Court makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2) Proceedings for an offence under this section committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(3) In this section “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act M1 1982.]]

Textual Amendments

F21 S. 37A repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 5

F22 S. 37A inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 para. 34

Marginal Citations

M1 1982 c.48 (39:1).

38 Defence of appeals. U.K.

It shall be the duty of the [F23 Director of Service Prosecutions] to undertake the defence of any appeal to the Appeal Court under this Part of this Act.

Textual Amendments

F23 Words in s. 38 substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 40; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4