(1) Where the Appeal Court dismiss an appeal or an application for leave to appeal they may, if they think fit, order the appellant or applicant (as the case may be) to pay to the Secretary of State the whole or any part of the costs of the appeal or application, including the costs of copying or transcribing any documents for the use of the Appeal Court.
(2) An order under this section may be enforced—
(a) in the same manner as an order for costs made by the criminal division of the Court of Appeal . . .; or
(b) if the appellant or applicant is a member of the regular or reserve forces (as defined by section 374 of the 2006 Act), by making deductions from pay due to him,
or partly in the one way and partly in the other.
(3) Any sums which by virtue of subsection (2)(a) above are recovered from a person by the Secretary of State shall be paid into the Exchequer.
(1) The Appeal Court may, whether or not they exercise their powers under either of the two foregoing sections, order the payment out of moneys provided by Parliament of such sums as appear to the Court reasonably sufficient to compensate any person properly attending to give evidence on an appeal under this Part of this Act or any proceedings preliminary or incidental thereto (whether or not he gives evidence) for the expense, trouble or loss of time properly incurred in or incidental to his attendance, subject to subsection (3) and regulations under section 33B (1)(d).
(1A) Subsection (1) applies in relation to a registered medical practitioner who makes a written report to the Appeal Court in pursuance of a request made by the court as it applies in relation to a person who is called to give evidence at the instance of the court.
(2) The amount of any costs ordered to be paid under this section shall be ascertained as soon as practicable by the registrar.
(3) Sums ordered to be paid out of money provided by Parliament under subsection (1) may not include sums in respect of expert witness costs (as defined in section 31A), unless regulations made by the Lord Chancellor provide otherwise.
(1) Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.
(2) The expenses which the Appeal Court may direct the Secretary of State to pay under this section do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.
(3) Regulations under this section 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.
(1) The Lord Chancellor may by regulations—
(a) make provision as to the sums that may be directed or ordered to be paid under section 31, 33 or 33A, 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 or ordered to be paid,
(c) make provision requiring such sums to be fixed having regard to regulations under paragraphs (a) and (b),
(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), and
(e) make provision as to the review of determinations of sums directed to be paid under section 31.
(2) 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.
(1) Regulations under sections 31, 31A, 33, 33A and 33B may, in particular—
(a) 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, and
(b) make different provision in relation to the fixing of a sum in a direction or order and the fixing of a sum by means of a determination.
(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 31A, 33 or 33A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(1) If, in the case of the conviction of a person by the Court Martial,—
(a) it appears to ... the Judge Advocate General that the finding of the Court Martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or
(b) it appears to the Secretary of State, upon consideration of matters appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Appeal Court,
the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court.
(2) A reference to the Appeal Court under subsection (1) above shall, for all purposes other than that of section 32 of this Act, be treated as an appeal by the person convicted against his conviction.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Secretary of State may, if consideration by the Appeal Court appears to him for any reason desirable, refer the sentence passed on any person convicted by the Court Martial to the Appeal Court.
(5) Any reference under subsection (4) above shall be treated as an appeal by the person convicted against sentence for all purposes except those of section 32 of this Act.
(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.
36 Powers under Part II which are exercisable by single judge.
(1) The following powers of the Appeal Court ..., that is to say the power—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to give leave to appeal;
(c) to extend the period within which an application for leave to appeal must be lodged;
(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; ...
(g) to make an order under section 32 for the payment of costs,
(h) to make orders under section 28(1)(a).
(ha) to renew an interim hospital order made by them by virtue of any provision of this Part;
(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);
(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;
...
(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 for the purpose in accordance with section 5 of this Act.
36A Powers under Part II which are exercisable by registrar.
(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; ...
(b) to order a witness to attend for examination, 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.
36B Procedural directions: powers of single judge and registrar
(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.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 Director of Service Prosecutions, if the directions—
(i) relate to an application for leave to appeal and appear to need the 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.
37 Provision of record of proceedings of the Court Martial.
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.
37A False statements in computer record certificates.
(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 1982.
(1) An appeal lies to the Supreme Court, at the instance of the accused or the Director of Service Prosecutions, from any decision of the Appeal Court on an appeal to them under Part II of this Act or the Court Martial (Prosecution Appeals) Order 2009, whether given by them when sitting within or outside the United Kingdom.
(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 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 the Appeal Court or the Supreme Court, as the case may be, that the point is one which ought to be considered by the Supreme Court.
(3) In relation to an appeal under subsection (1A), references in this Part to an accused are references to the acquitted person.
(1) An application to the Appeal Court for leave to appeal to the Supreme Court shall be made within the period of 28 days beginning with the relevant date ; and an application to the Supreme Court for leave shall be made within the period of 28 days beginning with the date on which the application is refused by the Appeal Court.
(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) The Supreme Court or the Appeal Court may, upon application made at any time by the accused 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 the Supreme Court or 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.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purpose of disposing of an appeal under this Part of this Act, the Supreme Court may exercise any powers of the Appeal Court or may remit the case to the Court.
(1) When a person ... , other than a person appealing or applying for leave to appeal from a decision on an appeal under the Court Martial (Prosecution Appeals) Order 2009 , appeals, or applies for leave to appeal, to the Supreme Court from a decision of the Appeal Court, the Appeal Court shall have power to grant him bail pending the appeal.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Appeal Court 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) The orders specified in this subsection are —
(a) an order providing for the detention of the accused so long as any appeal to the Court of Judicature is pending; ...
(b) an order directing that, so long as any appeal to the Court of Judicature is pending, the accused is not to be released except on bail.
(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.
(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 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.
(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 Part III of the Mental Health Act 1983 the Mental Health (Care and Treatment) (Scotland) Act 2003 and the Mental Health (Northern Ireland) Order 1986.
(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).
(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 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 Court of Judicature on the appeal.
Where the accused is detained pending an appeal from the Appeal Court to 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 Supreme Court Rules authorise him to be present, or the Supreme Court or the Appeal Court give him leave to be present.
(1) Subject to this section, any sentence passed on an appeal from the Appeal Court to the Supreme Court in substitution for another sentence shall, unless the 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 granted bail pending an appeal, the time during which he is released on bail shall be disregarded in computing the term of his sentence.
46A Costs: application to Appeal Court by Director of Service Prosecutions
(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.
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).
(1) Where ... the Supreme Court dismiss an application for leave to appeal to the Supreme Court and the application was made by the Director of Service Prosecutions, ... the Supreme Court may direct the payment by the Secretary of State of such sums as appear to ... the Supreme Court to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in resisting the application.
(2) Where ... the Supreme Court dismiss an application for leave to appeal to the Supreme Court and the application was made by the accused, ... 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.
(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) On determining an appeal from the Appeal Court, 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 proceedings (in the Court of Judicature and below). subject to—
(a) subsection (3A), and
(b) regulations under section 47A(1)(d).
(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 sections 46A, 46B and this section, no costs shall be allowed on the hearing or determination of an appeal from the Appeal Court to the Supreme Court, or of any proceedings preliminary or incidental to such an appeal.
(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.
(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.
48 Powers under Part III which are exercisable by single judge.
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.
(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 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 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 Court of Appeal 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) 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 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 Administration of Estates Act (Northern Ireland) 1955.
(1) Rules of court made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 may provide for regulating the procedure and practice to be followed in the Appeal Court and for any other matters which by this Act are expressed to be subjects for rules of court.
(2) Rules of court made for the purposes of any provision of this Act may make different provision in relation to different classes of cases and may provide for any incidental or supplementary matters for which it appears to the person making the rules to be necessary or expedient for the purposes of that provision to provide.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 Duties of registrar with respect to appeals etc.
(1) The registrar shall take all necessary steps for obtaining the determination of an appeal or application under this Act, and shall obtain and lay before the Appeal Court in proper form all documents, exhibits and other things relating to the proceedings in the Court Martial which appear necessary for the proper determination of the appeal or application.
(2) The registrar shall furnish the necessary forms and instructions relating to applications for leave to appeal under this Act to any person who demands them, to persons in charge of places where persons sentenced by the Court Martial may lawfully be confined for the purpose of serving their sentences and to such other persons as he thinks fit.
(3) Every person in charge of such a place as is referred to in subsection (2) above shall cause the said forms and instructions to be placed at the disposal of persons confined in that place who wish to apply for leave to appeal to the Appeal Court, or from that Court to the Supreme Court.
Rules or regulations made under—
(a) section 300 of the 2006 Act;
(d) section 47 of the Prison Act 1952;
(e) section 35 of the Prisons (Scotland) Act 1952; or
(e) section 39 of the Prisons (Scotland) Act 1989; or
(f) section 13 of the Prison Act (Northern Ireland) 1953
may provide in what manner an appellant, when in custody, is to be taken to, kept in custody at, and brought back from any place at which he is entitled to be present for purposes of Part II or Part III of this Act or any place to which the Appeal Court or a judge of it may order him to be taken for the purpose of any proceedings of the Court.
(1) Nothing in this Act is to be taken as affecting any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to quash a conviction by the Court Martial, so far as regards the exercise thereof at a time before whichever of the following two events first occurs—
(a) the receipt by the registrar of an application for leave to appeal under Part II of this Act against the conviction; or
(b) the receipt by him of particulars of such an application furnished in pursuance of section 9 of this Act.
(2) Nothing in this Act is to be taken as affecting Her Majesty’s Royal prerogative of mercy.
As respects a protected prisoner of war (as defined by section 7(1) of the Geneva Conventions Act 1957), this Act applies in relation to a prisoner of war court-martial constituted under a Royal Warrant as it applies in relation to the Court Martial, subject to such modifications as may be contained in the Royal Warrant.
(1) In this Act, unless the context otherwise requires,—
“the 2006 Act” means the Armed Forces Act 2006;
...
...
“appellant” includes a person who ... wishes to appeal under Part II of this Act to the Appeal Court;
...
...
...
“Director of Service Prosecutions” has the meaning given by section 374 of the 2006 Act;
...
“enactment” includes an enactment of the Parliament of Northern Ireland;
“hospital order” has the meaning given in section 37 of the Mental Health Act 1983;
“interim hospital order” has the meaning given in section 38 of that Act;
...
...
“the Lord Chief Justice” means the Lord Chief Justice of England;
...
...
“prescribed” means prescribed by rules of court; . . .
“the registrar” means the registrar of the Appeal Court. ; and
...
“sentence”, in relation to an offence, includes any order made by a court when dealing with an offender.
...
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In Part III of this Act “the accused” means, in relation to an appeal from the Appeal Court to the Supreme Court, the person who was the appellant in the Appeal Court.
(4) Any reference in this Act to another enactment is a reference thereto as amended by or under any other enactment, including this Act.
(5) Any reference in this Act to an enactment of the Parliament of Northern Ireland includes a reference to an enactment corresponding thereto and for the time being in force in Northern Ireland.