SCHEDULES

SCHEDULE 9Amendments relating to jurisdiction of the Supreme Court

Part 1Jurisdiction transferred from the House of Lords

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

17

1

The Courts-Martial (Appeals) Act 1968 is amended as follows.

2

In section 5 (constitution of court for particular sittings) in subsection (3)(b) for “House of Lords” substitute “ Supreme Court ”.

3

In sections 39 and 40 (right of appeal, and application for leave to appeal)—

a

for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”;

b

for “the Court” in each place substitute “ the Appeal Court ”.

4

In section 41 (hearing and disposal of appeal)—

a

omit subsections (1) and (2);

b

in subsection (3) for “House of Lords” substitute “ Supreme Court ”.

5

In sections 42 and 43 (bail, and detention of accused) for “House of Lords” in each place substitute “ Supreme Court ”, and in section 42 for “the Court” substitute “ the Appeal Court ”.

6

In section 44 (presence of accused at hearing)—

a

for “the House of Lords” in the first place substitute “ the Supreme Court ”;

b

for “an order of the House of Lords authorises” substitute “ Supreme Court Rules authorise ”;

c

for “that House” substitute “ the Supreme Court ”.

7

In section 45 (effect of repeal on sentence) in subsection (1) for “House of Lords” in each place substitute “ Supreme Court ”.

8

In section 46 (restitution of property) for “the House of Lords” and “the House” in each place substitute “ the Supreme Court ”.

9

In section 47 (costs) for “the House of Lords” and “that House” in each place substitute “ the Supreme Court ”, and for “the Court or the House” substitute “ the Appeal Court or the Supreme Court ”.

10

In sections 50 and 57 (duties of registrar with respect to appeals etc, and interpretation) for “House of Lords” substitute “ Supreme Court ”.