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

Part III U.K. [F1 APPEAL FROM COURT MARTIAL APPEAL COURT TO [F2 Court of Judicature]]

Textual Amendments

F1 Pt. 3 heading 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. 41; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

39 Right of appeal. U.K.

(1) An appeal lies to [F3 the Supreme Court], at the instance of the accused or the [F4 Director of Service Prosecutions], from any decision of the Appeal Court on an appeal to them under Part II of this Act [F5 or the Court Martial (Prosecution Appeals) Order 2009], whether given by them when sitting within or outside the United Kingdom.

[F6 (1A) An appeal lies to the Supreme Court, at the instance of the acquitted person or the prosecuting officer, from any decision of the Appeal Court on an application under article 8(1) of the Armed Forces (Retrial for Serious Offences) Order 2013.]

(2) The appeal lies only with the leave of the Appeal Court or [F3 the Supreme Court]; and such leave shall not be granted unless it is certified by the Appeal Court that a point of law of general public importance is involved in the decision and it appears to [F7 the Appeal Court] or [F3 the Supreme Court], as the case may be, that the point is one which ought to be considered by [F3 the Supreme Court].

[F8 (3) In relation to an appeal under subsection (1A), references in this Part to an accused are references to the acquitted person.]

Textual Amendments

F3 Words in s. 39 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(3)(a); S.I. 2009/1604, art. 2(d)

F4 Words in s. 39(1) 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. 42; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 39(1) substituted (31.10.2009) by The Court Martial (Prosecution Appeals) Order 2009 (S.I. 2009/2044), arts. 1(1), 9(2)

F6 S. 39(1A) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(2) (with art. 3)

F7 Words in s. 39 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(3)(b); S.I. 2009/1604, art. 2(d)

F8 S. 39(3) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(3) (with art. 3)

40 Application for leave to appeal. U.K.

(1) An application to the Appeal Court for leave to appeal to [F9 the Supreme Court] shall be made within the period of [F10 28] days beginning with the [F11 relevant date ] ; and an application to [F9 the Supreme Court] for leave shall be made within the period of [F10 28] days beginning with the date on which the application is refused by the Appeal Court.

[F12 (1A) In subsection (1), “the relevant date” means—

(a) the date of the Appeal Court’s decision, or

(b) if later, the date on which the Appeal Court gives reasons for its decision.]

(2) [F9 The Supreme Court] or the Appeal Court may, upon application made at any time by the accused [F13 or, in the case of an appeal under section 39(1A), by the prosecuting officer], extend the time within which an application may be made by him to [F9 the Supreme Court] or [F14 the Appeal Court] under subsection (1) above.

(3) An appeal shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.

Textual Amendments

F9 Words in s. 40 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(3)(a); S.I. 2009/1604, art. 2(d)

F10 Word in s. 40(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 91(1)(2)(a), 110(1); S.I. 2005/910, art. 3(v)

F11 Words in s. 40(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 91(1)(2)(b), 110(1); S.I. 2005/910, art. 3(v)

F12 S. 40(1A) inserted (1.4.2005) by Courts Act 2003 (c. 39), ss. 91(3), 110(1) (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 80(3)(c); S.I. 2009/1604, art. 2(d)); S.I. 2005/910, art. 3(v)

F13 Words in s. 40(2) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(4) (with art. 3)

F14 Words in s. 40(1A)(b) substituted by 2003 c. 39, s. 91(3) (as amended (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 80(3)(c); S.I. 2009/1604, art. 2(d))

41 Hearing and disposal of appeal. U.K.

F15 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purpose of disposing of an appeal under this Part of this Act, the [F16 Supreme Court] may exercise any powers of the Appeal Court or may remit the case to the Court.

Textual Amendments

F15 S. 41(1)(2) repealed (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(4)(a), Sch. 18 Pt. 5; S.I. 2009/1604, art. 2(d)(f)

F16 Words in s. 41(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(4)(b); S.I. 2009/1604, art. 2(d)

Modifications etc. (not altering text)

C1 S. 41(1) applied by 1955 c. 18, s. 113C(4) (as inserted (28.2.2007) by Armed Forces Act 2001 (c. 19), ss. 21(1), 39(2); S.I. 2007/662, art. 2)

C2 S. 41(1) applied by 1955 c. 19, s. 113C(4) (as inserted (28.2.2007) by Armed Forces Act 2001 (c. 19), ss. 21(1), 39(2); S.I. 2007/662, art. 2)

C3 S. 41(1) applied by 1957 c. 53, s. 71AC(4) (as inserted (28.2.2007) by Armed Forces Act 2001 (c. 19), ss. 21(2), 39(2); S.I. 2007/662, art. 2)

C4 S. 41(3) modified (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), 126(1)

42 Bail. U.K.

(1) When a person F17 ... [F18 , other than a person appealing or applying for leave to appeal from a decision on an appeal under the [F19 Court Martial (Prosecution Appeals) Order 2009] ,] appeals, or applies for leave to appeal, to the [F20 Supreme Court] from a decision of the Appeal Court, [F20 the Appeal Court] shall have power to grant him bail pending the appeal.

F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in s. 42(1) repealed (25.8.2006) by Armed Forces Act 2001 (c. 19), ss. 30(7)(a), 39(2), Sch. 7 Pt. 7; S.I. 2006/2309, art. 2

F18 Words in s. 42(1) inserted (5.7.2006) by The Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786), arts. 1(1), 9(3) (with art. 1(2))

F19 Words in s. 42(1) substituted (31.10.2009) by The Court Martial (Prosecution Appeals) Order 2009 (S.I. 2009/2044), arts. 1(1), 9(3)

F20 Words in s. 42 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(5); S.I. 2009/1604, art. 2(d)

F21 S. 42(2) repealed (25.8.2006) by Armed Forces Act 2001 (c. 19), ss. 30(7)(b), 39(2), Sch. 7 Pt. 7; S.I. 2006/2309, art. 2

43 Detention of accused. U.K.

[F22 (1) The Appeal Court [F23 shall make one of the orders specified in subsection (1A)] where—

(a) but for the decision of the Appeal Court, the accused would be liable to be detained; and

(b) immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

(1A) [F24 The orders specified in this subsection are] —

(a) an order providing for the detention of the accused so long as any appeal to the [F2 Court of Judicature] is pending; F25 ...

(b) an order directing that, so long as any appeal to the [F2 Court of Judicature] is pending, the accused is not to be released except on bail.

[F26 (c) an order that the accused be released without bail.]

(1B) Where an order within subsection (1A)(b) is made, the Appeal Court may grant the accused bail pending the appeal.]

[F27 (1C) The Appeal Court may make an order within subsection (1A)(c) only if they think that it is in the interests of justice that the accused should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.]

(2) An order [F28 within subsection (1A)(a) or (b)] shall (unless the appeal has been previously disposed of) cease to have effect at the expiration of the period for which the accused would have been liable to be detained but for the decision of the Appeal Court.

(3) An order made under this section for the detention of a person who, but for the decision of the Appeal Court, would be liable to be detained in pursuance of an order or direction under United Kingdom mental health legislation shall be an order authorising his continued detention in pursuance of that order or direction; and the relevant provisions of that legislation with respect to persons liable to be detained thereunder (including provisions as to the renewal of authority for detention and the removal or discharge of patients) shall apply accordingly.

[F29 (3A) The relevant provisions of the Mental Health Act 1983 with respect to community treatment orders (within the meaning of that Act) shall also apply for the purposes of subsection (3).]

(4) The legislation referred to in subsection (3) above is [F30 Part III of the Mental Health Act 1983] the [F31 Mental Health (Care and Treatment) (Scotland) Act 2003] and the Mental Health [F32 (Northern Ireland) Order 1986].

[F33 (5) The accused shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if—

(a) the Appeal Court have made an order within subsection (1A)(c), or

(b) the Appeal Court have made an order within subsection (1A)(a) or (b) but the order has ceased to have effect by virtue of subsection (2) or the accused has been released or discharged by virtue of subsection (3).]

Textual Amendments

F22 S. 43(1)-(1B) substituted for s. 43(1) (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. 43(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F23 Words in s. 43(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(2); S.I. 2009/1028, art. 2(a)

F24 Words in s. 43(1A) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(a); S.I. 2009/1028, art. 2(a)

F25 Word in s. 43(1A)(a) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(b), Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

F26 S. 43(1A)(c) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(c); S.I. 2009/1028, art. 2(a)

F27 S. 43(1C) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(4); S.I. 2009/1028, art. 2(a)

F28 Words in s. 43(2) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(5); S.I. 2009/1028, art. 2(a)

F29 S. 43(3A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 4 para. 3(3); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F30 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 24(a)

F31 Words in s. 43(4) substituted (24.6.2008) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 43(b); S.I. 2008/1650, art. 4(a)

F32 Words substituted by S.I. 1986/596, art. 6(a)

F33 S. 43(5) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(6); S.I. 2009/1028, art. 2(a)

[F34 43A Continuation of community treatment order U.K.

(1) The Appeal Court may make an order under this section where—

(a) but for the decision of the Appeal Court, the accused would be liable to recall; and

(b) immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal.

(2) For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act.

(3) An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as any appeal to the [F2 Court of Judicature] is pending.

(4) Where the Appeal Court makes an order under this section, the relevant provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly.

(5) An order under this section shall (unless the appeal has been previously disposed of) cease to have effect at the end of the period for which the accused would, but for the decision of the Appeal Court, have been—

(a) liable to recall; or

(b) where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983.

(6) Where the Appeal Court has power to make an order under this section and either no such order is made or the accused is discharged by virtue of subsection (4) or (5) above before the appeal is disposed of, the accused shall not be liable to be again detained as a result of the decision of the [F2 Court of Judicature] on the appeal.]

Textual Amendments

F34 S. 43A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), s. 56(1), Sch. 4 para. 3(4); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

44 Presence of accused at hearing. U.K.

Where the accused is detained pending an appeal from the Appeal Court to [F35 the Supreme Court], he shall not be entitled to be present on the hearing of the appeal or of any proceedings preliminary or incidental thereto unless [F36 Supreme Court Rules authorise] him to be present, or [F37 the Supreme Court] or the Appeal Court give him leave to be present.

Textual Amendments

F35 Words in s. 44 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(6)(a); S.I. 2009/1604, art. 2(d)

F36 Words in s. 44 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(6)(b); S.I. 2009/1604, art. 2(d)

F37 Words in s. 44 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(6)(c); S.I. 2009/1604, art. 2(d)

45 Effect of appeal on sentence. U.K.

(1) Subject to this section, any sentence passed on an appeal from the Appeal Court to the [F38 Supreme Court] in substitution for another sentence shall, unless the [F38 Supreme Court] or the Appeal Court otherwise direct, begin to run from the time when that other sentence would have begun to run.

(2) Where under this Part of this Act a person subject to a sentence is [F39 granted] bail pending an appeal, the time during which he is [F39 released on bail] shall be disregarded in computing the term of his sentence.

Textual Amendments

F38 Words in s. 45(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(7); S.I. 2009/1604, art. 2(d)

F39 Words substituted by Bail Act 1976 (c. 63, SIF 39:1), s. 12, Sch. 2 para. 46

F40 46 Restitution of property. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 S. 46 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. 44, Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F41 46A Costs: application to Appeal Court by Director of Service Prosecutions U.K.

(1) Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the accused for any expenses properly incurred by the accused in resisting the application, subject to—

(a) subsection (2), and

(b) regulations under section 47A(1)(d).

(2) The sums which the Appeal Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.

(3) Regulations under subsection (2) may, in particular, include—

(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b) provision requiring the Appeal Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c) provision that the Appeal Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.

Textual Amendments

F41 Ss. 46A, 46B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 10 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

46B Costs: application to Appeal Court by accused U.K.

Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the accused—

(a) the Appeal Court may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court,

(b) an order made under this section may be enforced in the manner described in section 32(2) of this Act, and

(c) section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by this section).]

Textual Amendments

F41 Ss. 46A, 46B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 10 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

47 Costs [F42 : application to Supreme Court ]. U.K.

(1) Where F43 ... [F44 the Supreme Court] dismiss an application for leave to appeal to [F44 the Supreme Court] and the application was made by the [F45 Director of Service Prosecutions], F43 [F44 ... the Supreme Court] may direct the payment by the Secretary of State of such sums as appear to F43 [F44 ... the Supreme Court] to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in resisting the application.

(2) Where F43 ... [F44 the Supreme Court] dismiss an application for leave to appeal to [F44 the Supreme Court] and the application was made by the accused, F43 [F44 ... the Supreme Court] may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court; and any order made under this subsection may be enforced in the manner described in section 32(2) of this Act.

[F46 (2A) Section 32(3) of this Act applies in relation to any sum recovered by virtue of section 32(2)(a) (as applied by subsection (2)).]

(3) [F47 On determining an appeal from the Appeal Court], [F44 the Supreme Court] may, if they think fit, direct the payment by the Secretary of State of such sums as appear to the House to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in the [F48 proceedings (in the [F2 Court of Judicature] and below).] [F49 subject to—

(a) subsection (3A), and

(b) regulations under section 47A(1)(d).]

[F50 (3A) The costs which the Supreme Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A) incurred in proceedings in a court below, except where regulations made by the Lord Chancellor provide otherwise.

(3B) Regulations under subsection (3A) may, in particular, include—

(a) provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b) provision requiring the Supreme Court, when they direct the payment of a sum that includes a sum in respect of legal costs, to include a statement to that effect in the direction, and

(c) provision that the Supreme Court may not direct the payment of a sum in respect of legal costs exceeding an amount specified in the regulations.]

(4) Except as provided by [F51 sections 46A, 46B and] this section, no costs shall be allowed on the hearing or determination of an appeal from the Appeal Court to [F44 the Supreme Court], or of any proceedings preliminary or incidental to such an appeal.

Textual Amendments

F42 Words in s. 47 heading inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 12 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F43 Words in s. 47(1)(2) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h); S.I. 2012/2412, art. 2(h)

F44 Words in s. 47 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 9 para. 17(9); S.I. 2009/1604, art. 2(d)

F45 Words in s. 47(1) 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. 45(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F46 S. 47(2A) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F47 Words substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 5(4)

F48 Words in s. 47(3) 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. 45(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F49 Words in s. 47(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F50 S. 47(3A)(3B) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(5) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

F51 Words in s. 47(4) substituted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(6) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

Modifications etc. (not altering text)

C5 S. 47(1) applied (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), 126(2)

C6 S. 47(3) applied (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), 126(3)

[F52 47A Further provision about costs U.K.

(1) The Lord Chancellor may by regulations—

(a) make provision as to the sums that may be directed to be paid under section 46A or 47(3), whether by specifying rates or scales or by making other provision as to the calculation of the sums,

(b) make provision as to the circumstances in which and conditions under which such sums may be paid or directed to be paid,

(c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b), and

(d) make provision requiring such sums to be calculated in accordance with such regulations (whether or not that results in the fixing of an amount that the court considers reasonably sufficient to compensate the person concerned).

(2) The power under subsection (1)(d) may not be exercised in respect of sums ordered to be paid by the Supreme Court in respect of expenses incurred in proceedings before that court.

(3) Regulations under this section may provide that provision as to the calculation of sums (whether in the form of rates or scales or other provision) may be determined by the Lord Chancellor with the consent of the Treasury.]

Textual Amendments

F52 S. 47A inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 13 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[F53 47B Regulations U.K.

(1) Regulations under sections 46A, 47 and 47A may, in particular, make different provision in relation to different cases and different classes of case, including different provision in relation to different expenses, trouble and loss, different directions and orders and different areas.

(2) A power to make regulations under those sections is exercisable by statutory instrument.

(3) A statutory instrument containing regulations under those sections is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (4).

(4) A statutory instrument containing (whether alone or with other provision) regulations under section 46A or 47 may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F53 S. 47B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 14 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

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

The following powers of the Appeal Court under this Part of this Act, that is to say the power—

(a) to extend the time for making an application for leave to appeal;

(b) to make an order for or in relation to bail; and

(c) to give leave to be present at the hearing of any proceedings preliminary or incidental to an appeal,

may be exercised by any judge of the Court; but where the judge refuses an application to exercise any of the said powers, the applicant shall be entitled to have the application determined by the Appeal Court.

[F54 48A Appeals on behalf of deceased persons. U.K.

(1) Where a person has died—

(a) any relevant appeal which might have been begun by him had he remained alive may be begun by a person approved by the Appeal Court; and

(b) where any relevant appeal was begun by him while he was alive or is begun in relation to his case by virtue of paragraph (a) above [F55 or by a reference by the Criminal Cases Review Commission], any further step which might have been taken by him in connection with the appeal if he were alive may be taken by a person so approved.

(2) In this section “relevant appeal” means—

(a) an appeal under section 8, 21 or 24 of this Act; or

(b) an appeal under section 39 of this Act from any decision of the Appeal Court on an appeal under any of those sections.

(3) Approval for the purposes of this section may only be given to—

(a) the [F56 widow, widower or surviving civil partner] of the dead person;

(b) a personal representative of the dead person; or

(c) any other person appearing to the [F57 Court of Appeal] [F57 Appeal Court] to have, by reason of a family or similar relationship with the dead person, a substantial financial or other interest in the determination of a relevant appeal relating to him.

(4) [F58 Except in the case of an appeal begun by a reference by the Criminal Cases Review Commission,] An application for such approval may not be made after the end of the period of one year beginning with the date of death.

(5) Where this section applies, any reference in this Act to the appellant shall, where appropriate, be construed as being or including a reference to the person approved under this section.

(6) The power of the Appeal Court to approve a person under this section may be exercised by any judge of the Appeal Court in the same manner as by the Court and subject to the same provisions; but if the judge refuses the application, the applicant shall be entitled to have the application determined by the Appeal Court.

(7) In subsection (3)(b) above “personal representative” means—

(a) for England and Wales, a person who is a personal representative within the meaning of section 55(1)(xi) of the M1 Administration of Estates Act 1925;

(b) for Scotland, an executor confirmed to the estate of the dead person; or

(c) for Northern Ireland, a person who is one of the personal representatives within the meaning of the M2 Administration of Estates Act (Northern Ireland) 1955.]

Textual Amendments

F54 S. 48A inserted (1.10.1996) by 1996 c. 46, s. 19; S.I. 1996/2474, art. 2(with art. 3)

F55 Words in s. 48A(1)(b) 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. 46(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F56 Words in s. 48A(3)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(a), Sch. 26 para. 33; S.I. 2005/3175, art. 2(1), Sch. 1

F57 Words in s. 48A(3)(c) 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. 46(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F58 Words in s. 48A(4) 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. 46(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M1 1925 c.23

M2 1955 c. 24(N.I.).