United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
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.
sha256 7b4d1791e6b26815e420fff8f2d203156ec3f18687796cf82ee9c89fd7217939
No one has proposed a change to this act yet.
Courts-Martial (Appeals) Act 1968 1968 c.20 An Act to consolidate the Courts-Martial (Appeals) Act 1951 and the enactments amending it, including so much of the Administration of Justice Act 1960 as provides an appeal from the Courts-Martial Appeal Court to the House of Lords. [8th May 1968]
Propose a change(1) The Court Martial Appeal Court shall continue in existence and is in this Act referred to either as “the Appeal Court” or as “the Court”. (2) The Appeal Court shall be a superior court of record and shall, for the purposes of this Act and subject to its provisions, have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before the Court. (3) The powers of the Appeal Court shall be exercisable by them so far as they think it necessary or expedient in the interests of justice that they should be exercised, and the Court may issue any warrants necessary for enforcing their orders or sentences. (4) Except as provided by Part III of this Act, no appeal shall lie from any decision of the Appeal Court.
Propose a change(1) The following shall be judges of the Appeal Court:— (a) the ex officio and ordinary judges of the Court of Appeal and such of the judges . . . of the High Court as the Lord Chief Justice may, . . . , from time to time nominate for the purpose; (b) such of the Lords Commissioners of Justiciary as the Lord Justice General may from time to time nominate for the purpose; and (c) such of the judges of Her Majesty’s Court of Judicature of Northern Ireland as the Lord Chief Justice of Northern Ireland may from time to time nominate for the purpose. (2) The Lord Chancellor may appoint other persons, being persons of legal experience, to be judges of the Appeal Court and— (a) the appointment of a person under this subsection shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment and shall be subject to such conditions as may be so determined; and (b) a person so appointed who ceases to hold office as a judge of the Appeal Court shall be eligible for reappointment. (3) There may be paid out of moneys provided by Parliament to the persons appointed under subsection (2) of this section to be judges of the Appeal Court such remuneration, and to all the judges of the Court such ... allowances, as the Lord Chancellor may, with the approval of the Treasury, determine.
Propose a changeAny power under this Act which is exercisable by a judge of the Appeal Court may also be exercised— (a) by any judge . . . of the High Court; (b) by any Lord Commissioner of Justiciary; (c) by any judge of Her Majesty’s Court of Judicature of Northern Ireland, notwithstanding that he is not for the time being a judge of the Appeal Court; and references in this Act to a judge of the Court shall be construed accordingly.
Propose a change(1) For the purpose of hearing and determining appeals under this Act, or any matter preliminary or incidental to an appeal, the Appeal Court shall be summoned in accordance with directions given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Appeal Court shall sit at such place as such directions may provide, whether within or outside the United Kingdom.
Propose a change(1) Subject to subsection (4) below, the Appeal Court shall be duly constituted if it consists of an uneven number of judges not less than three. (2) Where— (a) part of any proceedings before the Appeal Court has been heard by an uneven number of judges greater than three; and (b) one or more members of the Court as constituted for the purpose of those proceedings are unable to continue, then, subject to subsection (4) below, the Court shall remain duly constituted for the purpose of those proceedings so long as the number of members (whether even or uneven) is not reduced to less than three. (3) Subject to subsection (4) below, the Appeal Court shall, if it consists of two judges, be duly constituted for every purpose except— (a) determining an appeal against— (i) conviction; or (ii) a finding of not guilty by reason of insanity; or (iii) a finding of unfitness to stand trial or that the defendant did the act or made the omission charged against him; (b) determining an application for leave to appeal to the Supreme Court; and (c) refusing an application for leave to appeal to the Appeal Court against conviction or any such finding as is mentioned in paragraph (a)(ii) or (iii), other than an application which has been refused by a single judge. (4) At least one of the judges of which the Appeal Court consists at any sitting must be a judge of the Court by virtue of section 2(1) of this Act, except that where the Court is directed to sit at a place outside the United Kingdom the Lord Chancellor may, if he thinks it expedient to do so after consulting the Lord Chief Justice, direct that this provision shall not apply to the Court while sitting at that place. (5) Where an appeal has been heard by the Appeal Court and the Court as constituted for that purpose consists of an even number of judges, then, if those judges are equally divided, the case shall be re-argued before and determined by an uneven number of judges not less than three. (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
Propose a changeThe Master of the Rolls may exercise the powers conferred on the Lord Chief Justice by sections 2 and 4 above if at any time the Lord Chief Justice is unable to exercise them himself or there is a vacancy in the office of Lord Chief Justice.
Propose a change(1) There shall be a registrar of the Appeal Court (in this Act referred to as “the registrar”) to be appointed by the Lord Chancellor, and the Lord Chancellor may appoint such other officers and servants of the Court as he may, with the approval of the Treasury as to numbers, determine. (2) The remuneration of the officers and servants of the Appeal Court shall be such as the Lord Chancellor may, with the approval of the Treasury, determine, and the principal civil service pension scheme within the meaning of section 2 of the Superannuation Act 1972 and for the time being in force shall, with the necessary adaptations, apply to officers and servants of the Court as it applies to other persons employed in the civil service of the State. (3) The remuneration of the officers and servants of the Appeal Court and such other expenses of the Court as the Treasury may sanction shall be defrayed out of moneys provided by Parliament.
Propose a change(1) Subject to the provisions of this Act, a person convicted by the Court Martial may, with the leave of the Appeal Court, appeal to the Court — (a) against his conviction; and (b) against any sentence (not being a sentence fixed by law) passed on him for the offence for which he was convicted, whether passed on conviction or in subsequent proceedings. (1ZA) In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under section 321 of the Sentencing Code in relation to a life sentence (as defined in section 324 of that Code) that is fixed by law. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Leave to appeal to the Appeal Court shall not be given except on an application in that behalf made by or on behalf of the appellant and lodged, within the prescribed period, with the registrar. (2) The application must be in the prescribed form and specify the grounds on which leave to appeal is sought and such other particulars, if any, as may be prescribed. (3) The Appeal Court may extend the period within which an application for leave to appeal must be lodged, whether the period has expired or not. (4) Rules of court may provide that, in such circumstances as may be specified in the rules, an application which is lodged with a person (other than the registrar) specified in the rules shall be treated for purposes of subsection (1) above as having been lodged with the registrar; and it shall be the duty of the specified person, if an application is lodged with him in accordance with the rules, to act as follows:— (a) he shall forward the application to the registrar with as much expedition as practicable; and (b) if it appears to him practicable to do so, and in all the circumstances expedient, he shall forthwith furnish the registrar (before the receipt by the latter of the application) with such particulars of the application as will enable the registrar to prepare a copy of it.
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) In considering whether or not to give leave to appeal the Appeal Court shall have regard to any expression of opinion made by ... the Judge Advocate General that the case is a fit one for appeal, and if any such expression is so made they may, without more, give leave to appeal. (2) Where the Appeal Court dismiss an application for leave to appeal they may, if they consider the application to have been frivolous or vexatious, order that any sentence passed upon the applicant in the proceedings from which it was sought to bring the appeal shall begin to run from the day on which the Appeal Court dismiss the application.
Propose a change(1) The Appeal Court— (a) shall allow an appeal against conviction by the Court Martial if they think that the conviction is unsafe; and (b) shall dismiss such an appeal in any other case. (2) If the Appeal Court allow an appeal against conviction, they shall quash the conviction. (3) Where the Appeal Court quash a conviction, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.
Propose a change(1) This section applies where— (a) on a single occasion a person is sentenced by the Court Martial in respect of two or more offences; and (b) the Appeal Court allow an appeal against conviction in respect of some but not all of the offences. (2) The Court may in respect of any offence of which the appellant remains convicted pass, in substitution for the sentence passed by the Court Martial, any sentence that— (a) they think appropriate; and (b) is a sentence that the Court Martial had power to pass. (3) But the Court may not exercise their powers under subsection (2) in such a way that the appellant's sentences (taken together) for all the offences of which he remains convicted are more severe than the sentences (taken together) passed on him by the Court Martial on the occasion mentioned in subsection (1)(a). (4) The reference in subsection (3) to the sentences passed by the Court Martial includes those passed by that court in respect of offences as respects which appeals against conviction have been allowed.
Propose a change(1) This section applies where— (a) an appellant has been convicted of an offence to which he did not plead guilty; (b) the Court Martial could lawfully have found him guilty of some other offence; and (c) it appears to the Appeal Court on an appeal against conviction that the Court Martial must have been satisfied of facts which prove him guilty of that other offence. (2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the finding of the Court Martial a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the Court Martial, any sentence that— (a) they think appropriate; (b) is a sentence that the Court Martial would have had power to pass in respect of that other offence; and (c) is not more severe than the sentence passed by the Court Martial.
Propose a change(1) This section applies where— (a) an appellant has been convicted of an offence to which he pleaded guilty, (b) if he had not so pleaded, he could lawfully have pleaded, or been found, guilty of some other offence, and (c) it appears to the Appeal Court on an appeal against conviction that the plea of guilty indicates an admission by the appellant of facts which prove him guilty of that other offence. (2) The Appeal Court may, instead of allowing or dismissing the appeal, substitute for the appellant’s plea of guilty a plea of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as they think proper, being a sentence warranted by the relevant Service Act for that other offence, but not a sentence of greater severity. Court Martial, any sentence that— (a) they think appropriate; (b) is a sentence that the Court Martial would have had power to pass in respect of that other offence; and (c) is not more severe than the sentence passed by the Court Martial.
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies where, on an appeal against conviction, the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion— (a) that the proper finding would have been one of not guilty by reason of insanity; or (b) that the case is not one where there should have been a finding of not guilty, but that there should have been findings that the accused was unfit to stand trial and that he did the act or made the omission charged against him. (1A) The Appeal Court shall, instead of allowing or dismissing the appeal, substitute for the finding appealed against— (a) a finding of not guilty by reason of insanity; or (b) findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him. (2) Sections 169(2) to (5) and 170 of, and Schedule 4 to, the 2006 Act apply (with any necessary modifications) in relation to the Appeal Court as they apply in relation to the Court Martial in a case in which section 169 of that Act applies. (3) Section 172 of that Act (meaning of “duly approved” etc) applies for the purposes of this section (and references there to the defendant are to be read as references to the appellant). (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Where, on a single occasion, the Court Martial passes two or more sentences on a person, an appeal or application for leave to appeal against any of those sentences is to be treated as an appeal or application in respect of both or all of them. (2) On an appeal against sentence the Appeal Court may quash the sentence passed by the Court Martial and pass in substitution for it any sentence that— (a) they think appropriate; and (b) is a sentence that the Court Martial had power to pass in respect of the offence. (3) But the Court may not exercise their powers under subsection (2) in such a way that, taking the case as a whole, the appellant is dealt with more severely on appeal than he was dealt with by the Court Martial.
Propose a change(1) Unless the Court otherwise direct, a sentence passed by the Appeal Court under section 13, 14, 14A or 16A takes effect from the beginning of the day on which the Court Martial passed sentence. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The Appeal Court shall have the power, on quashing a conviction, to make an order authorising the appellant to be retried by the Court Martial, but shall only exercise this power when . . . it appears to the Court that the interests of justice require that an order under this section should be made. (2) This section has effect notwithstanding section 63 of the 2006 Act (service proceedings barring subsequent service proceedings). (3) An order under this section may authorise the appellant to be retried for — (a) the offence of which he was convicted by the Court Martial and in respect of which his appeal is allowed as mentioned in subsection (1) above; (b) any offence of which he could have been convicted by the Court Martial on a charge of the first-mentioned offence; or (c) any offence charged in the alternative in respect of which the Court Martial recorded no finding in consequence of convicting him of the first-mentioned offence. (4) A person who is to be retried under this section for an offence shall, if the Appeal Court so directs, be retried on a fresh charge or charges specified in the direction; if any such direction is made the Director of Service Prosecutions must bring the charge or charges so specified (which are to be regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial). (5) Section 125 of the 2006 Act (powers of DSP after charge) has effect in relation to a charge on which a person is to be retried under this section (whether or not a fresh charge) subject to such modifications as may be contained in Court Martial rules (within the meaning of that Act).
Propose a change(1) Where— (a) an order under section 19 authorising the retrial of a person has been made, and (b) the person has not been arraigned (in pursuance of the order) within three months beginning with the date of the order, the person may not be arraigned unless the Appeal Court give leave. (1A) A person who may not be arraigned without the leave of the Appeal Court may apply to the Court to set aside the order under section 19. (1B) On an application under subsection (1) or (1A) the Appeal Court may— (a) grant leave to arraign; or (b) set aside the order under section 19. (1C) But leave to arraign may be granted only if the Appeal Court are satisfied— (a) that the prosecution has acted with all due expedition; and (b) that there is a good and sufficient reason for a retrial in spite of the lapse of time since the order under section 19 was made. (1D) Where an order under section 19 authorising the retrial of a person for an offence is set aside, the person is to be treated as if he had been acquitted by the Court Martial of the offence. (1E) Where the Appeal Court authorise the retrial of a person they may— (a) by order authorise the keeping of that person in service custody— (i) for such period, ending not later than 8 days after the date the order is made, as the Court think appropriate; or (ii) if the person is legally represented and consents, for such period, not exceeding 28 days, as the Court think appropriate; or (b) require that person to comply with such requirements as seem to the Court to be necessary for a purpose mentioned in section 107(3) of the 2006 Act. (1F) Where the person is in service custody the Appeal Court may under subsection (1E)(b) impose a requirement that must be complied with before the person may be released. (1G) An order under subsection (1E)(a) is to be treated, for the purposes of Part 4 of the 2006 Act, as made under section 105(2) of that Act. (1H) A requirement imposed under subsection (1E)(b) is to be treated, for the purposes of Part 4 of the 2006 Act, as imposed under section 107(3) of that Act (and, where appropriate, by virtue of section 107(3)(a) of that Act). (2) The Appeal Court may, where they authorise a retrial, make such orders as appear to them to be necessary or expedient for the retention until the relevant time of property or money which has been restored, delivered or paid in pursuance of an order made on or in consequence of the original conviction or has been placed in safe custody while the operation of any such order is suspended. (2A) In subsection (2) “relevant time” means— (a) where arraignment takes place within the three months referred to in subsection (1)— (i) if the defendant is convicted on his retrial, the end of 28 days beginning with the date of conviction; (ii) otherwise, the time when the case is finally disposed of; (b) where arraignment does not take place within those three months, the end of those three months. (3) Where retrial is authorised in the case of a person who immediately before the date of the authorisation was liable to be detained in pursuance of an order or direction under United Kingdom mental health legislation, that order or direction shall continue in force until the relevant time as if his conviction had not been quashed. (3A) In subsection (3) “relevant time” means— (a) where arraignment takes place within the three months referred to in subsection (1), the time when the case is finally disposed of; (b) otherwise, the end of those three months. (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 Part III of the Mental Health (Northern Ireland) Order 1986. (4A) Where retrial is authorised in the case of a person who— (a) was liable to be detained in pursuance of an order or direction under Part 3 of the Mental Health Act 1983; (b) was then made subject to a community treatment order (within the meaning of that Act); and (c) was subject to that community treatment order immediately before the date of the authorisation, the order or direction under Part 3 of that Act and the community treatment order shall continue in force until the relevant time (as defined in subsection (3A)) as if his conviction had not been quashed. (4B) An order under subsection (1E)(a) is of no effect in relation to a person for so long as he is subject to a community treatment order. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Schedule 1 to this Act contains additional provisions applicable to a retrial authorised by order of the Appeal Court under section 19 ...
Propose a change(1) A person who has been tried by the Court Martial for an offence and been found not guilty by reason of insanity may, with the leave of the Appeal Court, appeal to the Court against the finding... (1A) On an appeal under this section the Appeal Court— (a) shall (subject to subsection (2)) allow the appeal if they think the finding is unsafe; and (b) shall dismiss the appeal in any other case. (1B) Sections 19 and 20 and paragraph 2 of Schedule 1 apply in relation to appeals under this section as they apply in relation to appeals against conviction (and references there to conviction, and to related expressions, are to be read accordingly). (2) Where apart from this subsection— (a) an appeal against a finding of not guilty by reason of insanity would fall to be allowed; and (b) none of the grounds for allowing it relates to the question of the insanity of the appellant, the Appeal Court may dismiss the appeal if they are of the opinion that but for the insanity of the appellant the proper finding would have been that he was guilty of an offence other than the offence charged.
Propose a change(1) The following provisions shall have effect where an appeal against a finding of not guilty by reason of insanity is allowed by the Appeal Court. (2) If the ground, or one of the grounds, for allowing the appeal is that the finding as to the appellant’s insanity ought not to stand and the Appeal Court are of the opinion that the proper finding would have been a finding of guilty of an offence (whether the offence charged or any other offence of which the Court Martial could have found him guilty), the Court shall substitute for the finding of the Court Martial a finding of guilty of that offence. (3) On substituting a finding of guilty of an offence, the Appeal Court shall have the like powers of sentencing the appellant, and other powers, as the Court Martial would have had on the like finding of guilty; and section 17 of this Act shall apply as in the case of a sentence passed by the Court under a provision mentioned in section 17(1). (3A) If the Appeal Court, on the written or oral evidence of two or more registered medical practitioners at least one of whom is duly approved, are of the opinion mentioned in section 16(1)(b) (court below ought to have found defendant unfit to stand trial etc)— (a) the Court shall substitute for the finding of the Court Martial findings that the appellant was unfit to stand trial and that he did the act or made the omission charged against him; and (b) section 16(2) to (5) apply as they apply for the purposes of section 16. (3B) Section 172 of the 2006 Act (meaning of “duly approved” etc) applies for the purposes of subsection (3A) (and references there to the defendant are to be read as references to the appellant). (4) If the case is not within subsection (2) or (3A), the Appeal Court must quash the finding appealed against. (5) Where the Appeal Court quash a finding of not guilty by reason of insanity, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under section 19 authorising the appellant to be retried is made.
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A person found by the Court Martial to be unfit to stand trial and to have done the act or made the omission charged against him may, with the leave of the Appeal Court, appeal to the Court against either or both of those findings. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) This section applies to appeals under section 24 of this Act. (1A) The Appeal Court— (a) shall allow an appeal against a finding if they think the finding is unsafe; and (b) shall dismiss such an appeal in any other case. (1B) If the Appeal Court allow an appeal against a finding they shall quash the finding. (2) Where the Appeal Court quash a finding that the appellant is unfit to stand trial— (a) the Court may make an order authorising the appellant to be tried for the offence with which he was charged; and (b) if such an order is made, section 20 and paragraph 2 of Schedule 1 apply in relation to the case as they apply in relation to a case in which an order under section 19 is made (and references there to conviction, and to related expressions, are to be read accordingly). (3) Where the Appeal Court quash a finding that the defendant did the act or made the omission charged, the appellant is to be treated as if he had been acquitted by the Court Martial; but this does not apply if an order under subsection (2)(a) authorising the appellant to be tried is made.
Propose a change(1) A person may, with the leave of the Appeal Court, appeal against the making by the Court Martial of an order within subsection (2) in respect of him. (2) The orders are— (a) a hospital order; (b) an interim hospital order; (c) a service supervision order (as defined by section 170 of the 2006 Act).
Propose a change(1) If on an appeal under section 25A of this Act the Appeal Court consider that the appellant should be dealt with differently from the way in which the Court Martial dealt with him— (a) they may quash any order which is the subject of the appeal; and (b) they may make such order, whether by substitution for the original order or by variation of or addition to it, as they think appropriate for the case and as the Court Martial had power to make. (2) The fact that an appeal is pending against an interim hospital order ... shall not affect the power of the Court Martial to renew or terminate the order or deal with the appellant on its termination. (3) Section 16(5) applies in relation to interim hospital orders made by virtue of this section as it applies in relation to such orders made by virtue of section 16. (4) The fact that an appeal is pending against a service supervision order (as defined by section 170 of the 2006 Act) shall not affect any power conferred on any other court to revoke or amend the order.
Propose a change(1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 12A(1)(a), (7) or (8) of the Criminal Appeal Act 1995. (2) Notwithstanding anything in section 12, 21 or 25 of this Act, the Appeal Court may dismiss the appeal if— (a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction or finding that is the subject of the appeal, and (b) the condition in subsection (3) is met. (3) The condition in this subsection is that if— (a) the reference had not been made, but (b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law, the Court would not think it appropriate to grant the application by exercising the power conferred by section 9(3).
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) An appellant (whether or not in custody) is entitled to be present on the hearing of his appeal. (2) Subsection (1) does not apply to an appellant in custody— (a) where his appeal is on a ground involving only a question of law, (b) on an application by him for leave to appeal, or (c) on any proceedings preliminary or incidental to an appeal, unless the Appeal Court give him leave to be present.
Propose a change(1) For the purposes of an appeal or an application for leave to appeal, the Appeal Court may— (a) order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case; (b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and (c) receive any evidence which was not adduced in the proceedings from which the appeal lies. (1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to— (a) the Appeal Court; (b) the appellant; (c) the respondent. (2) The Appeal Court shall, in considering whether to receive any evidence, have regard in particular to— (a) whether the evidence appears to the Court to be capable of belief; (b) whether it appears to the Court that the evidence may afford any ground for allowing the appeal; (c) whether the evidence would have been admissible in the proceedings from which the appeal lies on an issue which is the subject of the appeal; and (d) whether there is a reasonable explanation for the failure to adduce the evidence in those proceedings. (3) Subsection (1)(c) above applies to any evidence of a witness (including the appellant) who is competent but not compellable . . . (4) For the purposes of an appeal or an application for leave to appeal, the Appeal Court may order the examination of any witness whose attendance may be required under subsection (1)(b) of this section to be conducted in the prescribed manner before any judge of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court. (5) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.
Propose a change(1) The Appeal Court may order the taking of such steps as are requisite to obtain from any member of the court in the proceedings from which the appeal lies a report giving his opinion on the case or on any point arising in it, or containing a statement as to any facts of which the ascertainment appears to the Court to be material for the purpose of determining the case. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that— (a) in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined; (b) in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined; (c) an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and (d) the matter cannot be resolved by the Court without an investigation by the Commission. (2) A direction under subsection (1) above may not be given by a single judge, notwithstanding that, in the case of an application for leave to appeal, the application may be determined by a single judge as provided for by section 36 of this Act. (3) A direction by the Appeal Court under subsection (1) above shall be given in writing and shall specify the matter to be investigated. (4) Copies of such a direction shall be made available to the appellant and the respondent. (5) Where the Commission have reported to the Appeal Court on any matter which they have been directed under subsection (1) above to investigate, the Court— (a) shall notify the appellant and the respondent that the Commission have reported; and (b) may make available to the appellant and the respondent the report of the Commission and any statements, opinions and reports which accompanied it. (6) In this section “respondent” includes a person who will be a respondent if leave to appeal is granted.
Propose a change(1) Where any question arising on an appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Appeal Court conveniently be conducted before them, the Court may order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by them, and act upon the report of the commissioner so far as they think fit to adopt it. (2) The Appeal Court may appoint a person with special expert knowledge to act as assessor to the Court in any case where it appears to them that such knowledge is required for the proper determination of the case. (3) There may be paid out of moneys provided by Parliament to a special commissioner to whom a question is referred under this section for inquiry and report, and to a person appointed as assessor to the Appeal Court, such remuneration and such travelling and subsistence allowances as may be prescribed by regulations made by the Lord Chancellor. (4) The power of the Lord Chancellor under subsection (3) above to make regulations shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) Where the Appeal Court allow an appeal ... they may if they think fit, direct the payment by the Secretary of State of costs to the appellant. (2) The costs which may under this section be directed to be paid are such sums as appear to the Appeal Court reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the proceedings (in the Appeal Court and below)., subject to subsection (3), section 31A and regulations under section 33B(1)(d). (3) Where the Appeal Court consider that there are circumstances that make it inappropriate for the appellant to recover the whole of the sums mentioned in subsection (2), a direction under this section must be for the payment of such lesser sums as they consider just and reasonable. (4) The Appeal Court must fix the sums to be paid by the Secretary of State in the direction if they consider it appropriate to do so and— (a) the appellant agrees the sums, or (b) subsection (3) applies. (5) Where the Appeal Court do not fix the sums to be paid by the Secretary of State in the direction— (a) they must describe in the direction any reduction required under subsection (3), and (b) the sums must be fixed by means of a determination made by or on behalf of the Appeal Court in accordance with procedures specified in regulations made by the Lord Chancellor.
Propose a change(1) The costs which the Appeal Court may direct the Secretary of State to pay under section 31 do not include legal costs, except where regulations made by the Lord Chancellor provide otherwise. (2) 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. (3) In this section— “legal costs” means fees, charges, disbursements and other amounts payable in respect of advocacy services or litigation services including, in particular, expert witness costs; “advocacy services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right of audience in relation to any proceedings, or contemplated proceedings, to provide; “expert witness costs” means amounts payable in respect of the services of an expert witness, including amounts payable in connection with attendance by the witness at court or elsewhere; “litigation services” means any services which it would be reasonable to expect a person who is exercising, or contemplating exercising, a right to conduct litigation in relation to proceedings, or contemplated proceedings, to provide.
Propose a change