and to related expressions, are to be read
For subsection (3) substitute—
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
For section 25A (right of appeal against hospital order etc) substitute—
Right of appeal against hospital order etc
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
an interim hospital order;
a service supervision order (as defined by section 169 of the
In section 25B (disposal of appeals under section 25A)—
in subsections (1) and (2) for “court below” in each place substitute
in subsection (2) omit “under the Mental Health Act 1983”;
for subsections (3) to (5) substitute—
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.
The fact that an appeal is pending against a service
supervision order (as defined by section 169 of the 2006 Act)
shall not affect any power conferred on any other court to
revoke or amend the order.”
Omit section 26 (presentation of appellant’s case).
For section 27 (presence of appellant at hearing) substitute—
Right of appellant to be present
An appellant (whether or not in custody) is entitled to be present on
the hearing of his appeal.
Subsection (1) does not apply to an appellant in custody—
where his appeal is on a ground involving only a question of
on an application by him for leave to appeal, or
on any proceedings preliminary or incidental to an appeal,
unless the Appeal Court give him leave to be present.”
In section 28 (evidence)—
in paragraph (b), for “at the trial” in the first place where it
occurs substitute “in the proceedings from which the appeal
lies” and in the second place where it occurs substitute “in
in paragraph (c) for “at the trial” substitute “in the
proceedings from which the appeal lies”;
in paragraph (c) for “at the trial” substitute “in the
proceedings from which the appeal lies”;
in paragraph (d) for “at the trial” substitute “in those
In section 29 (power to call for report by member of trial court)—
in the sidenote for “trial court” substitute “the Court Martial”;
in subsection (1) for the words from “court-martial” to “trial,”
substitute “court in the proceedings from which the appeal lies”;
In section 31 (costs of successful appeal) in subsection (2), for the words from
“case” to the end substitute “proceedings (in the Appeal Court and below).”
In section 32 (costs against appellant) in subsection (2) for paragraph (b)
if the appellant or applicant is a member of the regular or
reserve forces (as defined by section 367 of the 2006 Act), by
making deductions from pay due to him,”.
In section 33 (witnesses’ expenses) after subsection (1) insert—
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.”
In section 34 (reference of cases by service authorities)—
for “court-martial” in the first place where it occurs substitute
“the Court Martial” and in the other three places where it
occurs substitute “Court Martial”;
in paragraph (a) omit “the Judge Advocate of Her Majesty’s
for “the Judge Advocate of Her Majesty’s Fleet, the Judge
Advocate General” substitute “the Judge Advocate General”;
in subsection (4) for “a court-martial” substitute “the Court Martial”.
In section 36 (powers exercisable by single judge) in subsection (1)—
omit “under this Part of this Act”;
after paragraph (c) insert—
to make orders, or impose requirements, under
in paragraph (g) omit the words from “and the power” to the end;
after paragraph (h) insert—
to give a direction under section 3(4) of the Sexual
Offences (Amendment) Act 1992 (direction
disapplying provision as to anonymity of victim);
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);”.
In section 36C (appeals against procedural directions) in subsection (5)(b)—
for “Defence Council” substitute “Director of Service Prosecutions”;
for “Defence Council’s” substitute “Director of Service
For section 37 (provision of documents relating to trial) substitute—
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.”
In section 38 (defence of appeals) for “Defence Council” substitute “Director
of Service Prosecutions”.
For the heading to Part 3 substitute “APPEAL FROM COURT MARTIAL
APPEAL COURT TO SUPREME COURT”.
In section 39 (right of appeal to Supreme Court) in subsection (1) for
“Defence Council” substitute “Director of Service Prosecutions”.
In section 43 (detention of accused)—
for subsection (1) substitute—
The Appeal Court may make an order under this section
but for the decision of the Appeal Court, the accused
would be liable to be detained; and
immediately after that decision, the Director of
Service Prosections is granted leave to appeal or gives
notice that he intends to apply for leave to appeal.
An order under this section is—
an order providing for the detention of the accused so
long as any appeal to the Supreme Court is pending;
an order directing that, so long as any appeal to the
Supreme Court is pending, the accused is not to be
Where an order within subsection (1A)(b) is made, the
Appeal Court may grant the accused bail pending the
in subsection (4) for “Mental Health (Scotland) Act 1984” substitute
“Mental Health (Care and Treatment) (Scotland) Act 2003”.
Omit section 46 (restitution of property).
In section 47 (costs)—
in subsection (1) for “Secretary of State” in the first place where it
occurs substitute “Director of Service Prosecutions”;
in subsection (3) for the words from “case up to” to the end substitute
“proceedings (in the Supreme Court and below).”
Section 48A (appeals on behalf of deceased persons) is amended as follows.
In subsection (1)(b) after “above” insert “or by a reference by the Criminal
Cases Review Commission”.
In subsection (3)(c) for “Court of Appeal” substitute “Appeal Court”.
In subsection (4) at the beginning insert “Except in the case of an appeal
begun by a reference by the Criminal Cases Review Commission,”.
In section 50 (duties of registrar with respect to appeals etc)—
in subsection (1) for “court-martial by which the appellant or
applicant was tried” substitute “Court Martial”;
in subsection (2) for “court-martial” substitute “the Court Martial”.
In section 52 (removal of prisoners) for paragraphs (a) to (c) substitute—
section 298 of the 2006 Act;”.
In section 54 (saving for prerogative) in subsection (1) for “court-martial”
substitute “the Court Martial”.
For section 56 substitute—
Modifications for protected prisoners of war
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.”
Section 57 (interpretation) is amended as follows.
after “unless the context otherwise requires,—” insert—
““the 2006 Act” means the Armed Forces Act 2006;”;
omit the definitions of—
“air force court-martial”;
“the Judge Advocate General”;
“the Naval Discipline Act”;
in the definition of “appellant” omit “has been tried by court-martial
after the definition of “court-martial” (omitted by virtue of sub-
““Director of Service Prosecutions” has the meaning
given by section 367 of the 2006 Act;”.
Omit subsections (2) to (2B).
In subsection (3) for the words from “the accused in the court-martial” to the
end substitute “the appellant in the Appeal Court.”
Omit section 58 (consequential amendments).
In section 61 (short title and commencement), in subsection (1) for “Courts-
Martial (Appeals) Act 1968” substitute “Court Martial Appeals Act 1968”.
For Schedule 1 (provisions as to retrial) substitute—
This Schedule applies where an order under section 19 is made
authorising the retrial of a person.
Evidence given at the retrial must be given orally if it was given
orally at the original trial, unless—
all parties to the retrial agree otherwise;
section 116 of the Criminal Justice Act 2003 applies
(admissibility of hearsay evidence where a witness is
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).
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
In sections 245 and 246 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.”
Omit Schedule 3 (modifications in relation to prisoners of war).
Omit Schedule 4 (consequential amendments).