SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968
Armed Forces Act 2006 (2006 c 52) | Legislation

SCHEDULE 8 Amendment of the Courts-Martial (Appeals) Act 1968

Section 272

1

The Courts-Martial (Appeals) Act 1968 (c 20) is amended as follows.

2

For the heading to Part 1 substitute “THE COURT MARTIAL APPEAL COURTâ€.

3

In section 1(1) (the court) for the words from the beginning to “air-force courts-martial,†substitute “The Court Martial Appeal Courtâ€.

4

In section 4 (sittings) omit subsection (2).

5

In section 5 (constitution of court for particular sittings), in subsection (3)(a)(iii) at the end insert “or that the defendant did the act or made the omission charged against himâ€.

6

For the heading to Part 2 substitute “APPEALS FROM THE COURT MARTIALâ€.

7

In section 8 (right of appeal against conviction or sentence)—

(a)     in subsection (1)—

(i)     for “court-martial†substitute “the Court Martialâ€;

(ii)     in paragraph (b) at the end add “, whether passed on conviction or in subsequent proceedingsâ€;

(b)     omit subsections (1A) to (4).

8

Omit section 10 (alternative procedure for appeal from court-martial abroad).

9

In section 11(1) (consideration of application by Appeal Court) omit “the Judge Advocate of Her Majesty's Fleet orâ€.

10

In section 12 (power to quash conviction

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