Courts-Martial (Appeals) Act 1968

[^key-a6e5af1da484f0e615a8c91223575b07]: S. 21 extended by 1995 c. 35, s. 12A(7) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

[^key-bab90a2d7e7e1d233d77bbfeff450c5a]: S. 24 extended by 1995 c. 35, s. 12A(8) (as inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 2; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4)

[^key-add66d3421d84dbcfdd909c03856e63b]: S. 25C and cross-heading inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 2; S.I. 2009/1028, art. 2(a)

[^key-ddaaf84fe709e03fe643f3466d82d9d1]: S. 35A inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 5; S.I. 2009/1028, art. 2(a)

[^key-91580c04a4145e2668320ea94e2d8088]: S. 16(5) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 3, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

[^key-e41df13d6bcaa18890012e2d2a8730a9]: S. 28(1A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(4); S.I. 2009/1028, art. 2(a)

[^key-f490b6e3f959acbc7a3d37a093fdc7e2]: S. 28(5) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(6); S.I. 2009/1028, art. 2(a)

[^key-3d507c897b086ea2c97f50fcf34d46c2]: S. 28(1)(b) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(3); S.I. 2009/1028, art. 2(a)

[^key-792614b3d331a4d86251d3c1d4bdb02a]: Words in s. 28(1) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(2); S.I. 2009/1028, art. 2(a)

[^key-9b9ad243202d4b4c1b912bcddc692836]: Words in s. 28(4) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 7(5); S.I. 2009/1028, art. 2(a)

[^key-f86140ddd5fec13f69e24c98c8376756]: S. 36(1)(ha) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 6; S.I. 2009/1028, art. 2(a)

[^key-33a11b1bec425630972e4b6bd8f35654]: S. 36C(1) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

[^key-fcd072af842473957aa46ecffa8126d4]: S. 36C(2) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 8, Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

[^key-7cac8ad7d5271564ac046b9b71983506]: Words in s. 39(1) substituted (31.10.2009) by The Court Martial (Prosecution Appeals) Order 2009 (S.I. 2009/2044), arts. 1(1), 9(2)

[^key-15476c7fc65b8fc84dea48058c2c1524]: Words in s. 42(1) substituted (31.10.2009) by The Court Martial (Prosecution Appeals) Order 2009 (S.I. 2009/2044), arts. 1(1), 9(3)

[^key-0fc8c50d8e8997482d305ad9a4ff6a46]: S. 43(1C) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(4); S.I. 2009/1028, art. 2(a)

[^key-a06943f5669807fbe459f13eb7f17b85]: Words in s. 43(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(2); S.I. 2009/1028, art. 2(a)

[^key-36c982305a510b2cc63025b83a8d484d]: Words in s. 43(1A) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(a); S.I. 2009/1028, art. 2(a)

[^key-5b51ae6651bcb5d67d991c0fa2f347c9]: S. 43(1A)(c) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(c); S.I. 2009/1028, art. 2(a)

[^key-f083552721577fc81b9da5491d5e6cb5]: Word in s. 43(1A)(a) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(3)(b), Sch. 28 Pt. 3; S.I. 2009/1028, art. 2(a)

[^key-db6e608a58bc0fb66244bb1cc2908fbe]: Words in s. 43(2) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(5); S.I. 2009/1028, art. 2(a)

[^key-1ade4b98fe6ce3d330fd297255d5c71f]: S. 43(5) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 9(6); S.I. 2009/1028, art. 2(a)

[^M_F_67e0ae34-d3a8-4fa1-a23a-907e03859c2d]: Words in s. 36(1) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 37(d), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[^key-f7192fc7b219a970f844ef4f573a17b8]: S. 36(k)(l) inserted (1.1.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(3)(b), Sch. 21 para. 70 (with s. 180, Sch. 22 para. 22)

[^key-4f285af5b92b9efb0937cfe8557a66e4]: S. 16A modified by 2006 c. 52, s. 232B(3) (as inserted (8.3.2012 for specified purposes) by Armed Forces Act 2011 (c. 18), ss. 17(1), 32(3); S.I. 2012/669, art. 3(d))

[^key-d5e73d376f6be2123b9f5cc8ff45cd25]: S. 13 excluded by 2006 c. 52, Sch. 3A para. 15(8) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

[^key-ccbee61cc8208f069aebf733591da9aa]: S. 13(2) modified by 2006 c. 52, Sch. 3A para. 15(1)(2) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

[^key-76e42a2ce5e801b29742f2a9b6f1ab2c]: S. 14(2)(b) modified by 2006 c. 52, Sch. 3A para. 15(1)(3)-(5) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

[^key-c937ab2d38ccc5de0e077c89ebf35652]: S. 14A(2)(b) modified by 2006 c. 52, Sch. 3A para. 15(1)(6)(7) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

[^key-dc45774002736ebb3c6f7391a8c522f8]: S. 16A modified by 2006 c. 52, Sch. 3A para. 15(9) (as inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 1; S.I. 2012/669, art. 4(b) (with arts. 10-12))

[^key-762f41ea09bf32d71b0212839d207302]: S. 31A inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 3 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-defa996fb2acfff4cfde885a033962cb]: S. 33B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 6 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-0d6f43230b73c30fa329600c3619da93]: S. 33C inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 7 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-e84af86628fe9bffac1cd0ab9dcd2f87]: Ss. 46A, 46B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 10 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-f6d4a82b344ef4e1d8797b5eb3335699]: S. 47A inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 13 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-5259a174faae9d52b6a4d5525a8f20b8]: S. 47B inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 14 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-d981f8cc3b8345ba877cdcb4033f63c6]: S. 31(3)-(5) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-e289beb66f05cbea7e40b84fdb4992ef]: Words in s. 31(1) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-508902f43e538385b485504975cd37d9]: Words in s. 31(2) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 2(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-f5faa37ecbf4683ff7ca1bb4fbf78652]: S. 33(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 4(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-1afc11b6dfa0729a8e1b3e38120575b2]: Words in s. 33(1) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 4(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-5061a1a9c42a60768fd3258c1d581ff0]: S. 33A renumbered as s. 33A(1) (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-cc502f2b60fe295a1c5fb06663c7112d]: S. 33A(2)(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 5(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-4a3b66f0b9add5d26d839d200c11171d]: S. 47(2A) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(3) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-f5e8a010e969f52b03476ab8abf4ef4f]: Words in s. 47 heading inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 12 (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-0b6a81204694fbb7a4c953eb63ff6c93]: S. 47(3A)(3B) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(5) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-bd03144449ca8fe129be2040f064dd1e]: Words in s. 47(1)(2) omitted (1.10.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(2) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h); S.I. 2012/2412, art. 2(h)

[^key-a343254a5567b2627cdb86aa2da300ca]: Words in s. 47(3) inserted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(4) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-9d2fef0d4ba24a6819a2e8a7fd26839f]: Words in s. 47(4) substituted (1.10.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 8 para. 11(6) (with Sch. 8 Pt. 3); S.I. 2012/2412, art. 2(h)

[^key-fc373031c4bd53ad5bc6350a110bd1e0]: S. 39(1A) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(2) (with art. 3)

[^key-3d77efba836e4913c19e04bee8088243]: S. 39(3) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(3) (with art. 3)

[^key-7bbbf21a2ffaac872a9654681a6c8f7c]: Words in s. 40(2) inserted (1.8.2013) by The Armed Forces (Retrial for Serious Offences) Order 2013 (S.I. 2013/1852), arts. 1, 15(4) (with art. 3)

[^key-46378f7c9226d33f23e30dbf0f679f0e]: S. 16A modified by 2006 c. 52, s. 269C(3) (as inserted (1.11.2013) by Armed Forces Act 2011 (c. 18), ss. 16(1), 32(3); S.I. 2013/2501, art. 3(c))

[^key-2a12882b9ed305c415e65b0edf7a5c09]: Words in s. 8(1ZA) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 14(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-86bf0453e56658afe80206c3a5e091dd]: Words in s. 8(1ZA) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 14(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-68223ed849deae081283fb671544e6db]: Words in s. 2(3) omitted (10.3.2022 for specified purposes, 10.5.2022 in so far as not already in force) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(b)(ii), Sch. 2 para. 7

[^key-1f67bdc2b3c0797fad965fbe9fa51e18]: S. 52 applied (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 41; S.I. 2024/562, reg. 2

[^key-7ce29170573ef36d9912e0b0d5777f4f]: S. 1(4) restricted (17.4.2024 for specified purposes, 16.10.2024 in so far as not already in force) by 2006 c. 52, s. 304E(11) (as inserted by Armed Forces Act 2016 (c. 21), ss. 11, 19(1); S.I. 2024/562, reg. 2(b); S.I. 2024/1032, reg. 2(2))

[^key-d3c8b0fa8d150f1f28fe6eb62fee6e97]: S. 1(4) restricted (17.4.2024 for specified purposes, 16.10.2024 in so far as not already in force) by 2006 c. 52, s. 304D(12) (as inserted by Armed Forces Act 2016 (c. 21), ss. 10, 19(1); S.I. 2024/562, reg. 2(a); S.I. 2024/1032, reg. 2(2))

14A

• (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.

Appeal against order made in cases of insanity or unfitness to stand trial

25A

• (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).

25B

• (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.

Variation of conviction so as to attract different sentence.

36B

• (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.

36C

• (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.

Hearing and disposal of appeal.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuation of community treatment order

43A

• (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.

Appeal against finding of not guilty by reason of insanity.

Substitution of findings of unfitness to stand trial etc.

29A

• (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.

Further provision about costs

Appeals against procedural directions

Continuation of community treatment order

SCHEDULE 1

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.

Appeals following references by the CCRC

25C

• (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).

35A

• (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.

31A

• (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.

33B

• (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.

33C

• (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.

Bail.

Presence of accused at hearing.

46A

• (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.

46B

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).

Regulations

47A

• (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.

47B

• (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.