Law

Courts-Martial (Appeals) Act 1968

United Kingdom · statute

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In force since 2024-10-16, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 89 provisions
  1. Title and introductory text
  2. 1 The Court and its jurisdiction.
  3. 2 Judges.
  4. 3 Other senior judges who may exercise powers of Appeal Court.
  5. 4 Sittings.
  6. 5
  7. 6 Power of Master of the Rolls to act for Lord Chief Justice.
  8. 7 Court staff, salaries and pensions.
  9. 8 Right of appeal.
  10. 9 Application for leave to appeal.
  11. 10 Alternative procedure for appeal from court-martial abroad.
  12. 11 Consideration of application by Appeal Court.
  13. 12 Power to quash conviction as unsafe.
  14. 13 Power to re-sentence when some but not all convictions successfully appealed.
  15. 14 Substitution of conviction on different charge otherwise than after guilty plea.
  16. 14A Substitution of conviction on different charge after guilty plea
  17. 15 Variation of conviction so as to attract different sentence.
  18. 16 Substitution of finding of insanity or findings of unfitness to stand trial etc.
  19. 16A Appeals against sentence.
  20. 17 Term of sentence passed under s. 13, 14 , 14A or 16A.
  21. 17A Appeals by civilians: application of Service Act provisions.
  22. 18 Retrial generally excluded.
  23. 19 Power to authorise retrial in certain cases.
  24. 20 Implementation of authority for retrial, and supplementary orders of Appeal Court.
  25. 21 Appeal against finding of not guilty by reason of insanity.
  26. 22 Consequences where appeal under s. 21 allowed.
  27. 23 Substitution of findings of unfitness to stand trial etc.
  28. 24 Appeal against finding of unfitness.
  29. 25 Disposal of appeal under s. 24
  30. 25A Right of appeal against hospital order etc.
  31. 25B Disposal of appeal under s. 25A
  32. 25C Power to dismiss certain appeals following references by the CCRC
  33. 26 Presentation, of appellant’s case.
  34. 27 Right of appellant to be present.
  35. 28 Evidence.
  36. 29 Power to call for report by member of the Court Martial.
  37. 29A Power to order investigation by Criminal Cases Review Commission
  38. 30 Other powers for facilitating disposal of appeal.
  39. 31 Costs of successful appeal.
  40. 31A Legal costs
  41. 32 Costs against appellant.
  42. 33 Witnesses’ expenses.
  43. 33A Appellant’s expenses.
  44. 33B Further provision about costs
  45. 33C Regulations
  46. 34 Reference of cases by Service authorities.
  47. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 35A Effect of interim hospital orders
  49. 36 Powers under Part II which are exercisable by single judge.
  50. 36A Powers under Part II which are exercisable by registrar.
  51. 36B Procedural directions: powers of single judge and registrar
  52. 36C Appeals against procedural directions
  53. 37 Provision of record of proceedings of the Court Martial.
  54. 37A False statements in computer record certificates.
  55. 38 Defence of appeals.
  56. 39 Right of appeal.
  57. 40 Application for leave to appeal.
  58. 41 Hearing and disposal of appeal.
  59. 42 Bail.
  60. 43 Detention of accused.
  61. 43A Continuation of community treatment order
  62. 44 Presence of accused at hearing.
  63. 45 Effect of appeal on sentence.
  64. 46 Restitution of property.
  65. 46A Costs: application to Appeal Court by Director of Service Prosecutions
  66. 46B Costs: application to Appeal Court by accused
  67. 47 Costs : application to Supreme Court .
  68. 47A Further provision about costs
  69. 47B Regulations
  70. 48 Powers under Part III which are exercisable by single judge.
  71. 48A Appeals on behalf of deceased persons.
  72. 49 Rules of Court.
  73. 50 Duties of registrar with respect to appeals etc.
  74. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 52 Removal of prisoners.
  76. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 54 Saving for prerogative.
  78. 55 Modification of provisions in Parts II and III for capital cases.
  79. 56 Modifications for protected prisoners of war
  80. 57 Interpretation.
  81. 58 Consequential amendments of enactments.
  82. 59 Transitional provisions.
  83. 60 Repeals.
  84. 61 Short title and commencement.
  85. SCHEDULE 1 Provisions as to Retrial
  86. SCHEDULE 3 Modifications in Relation to Prisoners of War
  87. SCHEDULE 4 Consequential Amendment of Enactments
  88. SCHEDULE 5 Transistional Provisions
  89. SCHEDULE 6 Repeals

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89 provisions

58 Consequential amendments of enactments.

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59 Transitional provisions.

The transitional provisions set out in Schedule 5 to this Act shall have effect.

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60 Repeals.

The enactments specified in the second column of Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

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61 Short title and commencement.

(1) This Act may be cited as the Court Martial Appeals Act 1968. (2) This Act shall come into force on the day appointed under section 106(5) of the Criminal Justice Act 1967 for the coming into force of section 98 of that Act.

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SCHEDULE 1 Provisions as to Retrial

Section 20 1 This Schedule applies where an order under section 19 is made authorising the retrial of a person. 2 Evidence given at the retrial must be given orally if it was given orally at the original trial, unless— (a) all parties to the retrial agree otherwise; (b) section 116 of the Criminal Justice Act 2003 applies (admissibility of hearsay evidence where a witness is unavailable); or (c) the witness is unavailable to give evidence, otherwise than as mentioned in subsection (2) of that section, and section 114(1)(d) of that Act applies (admission of hearsay evidence under residual discretion). 3 If the person is convicted on the retrial, the Court Martial may not pass a sentence that is (or sentences that, taken together, are) more severe than the sentence (or the sentences, taken together) passed at the original trial. 4 In sections 246 and 247 of the 2006 Act (crediting of time in service custody) as they apply in relation to the retrial, references to the offender being kept in service custody include references to his being kept in custody (whether service or otherwise) in pursuance of a sentence passed at the original trial.

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SCHEDULE 3 Modifications in Relation to Prisoners of War

Section 56. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 4 Consequential Amendment of Enactments

Section 58. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 5 Transistional Provisions

Section 59. 1 (1) Any right of appeal subsisting immediately before the commencement of this Act by virtue of an enactment repealed thereby shall after that commencement be treated as subsisting by virtue of the corresponding enactment in this Act. (2) Any appeal or application pending before the said commencement under an enactment so repealed may be presented and disposed of in accordance with the provisions of this Act corresponding to those in force immediately before the said commencement and applicable to the appeal or application. 2 (1) In so far as any order, appointment, rule or regulation made, petition presented, direction given or other thing done under an enactment repealed by this Act could have been made, presented, given or done under a corresponding provision of this Act, it shall not be invalidated by the repeal of that enactment but shall have effect as if made, presented, given or done under that corresponding provision. (2) Any document referring to an enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding enactment in this Act. 3 The mention of particular matters in this Schedule shall not be taken to affect the general application of section 38 of the Interpretation Act 1889 with regard to the effect of repeal

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