Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/33

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30Ch. 20
Courts-Martial (Appeals) Act 1968

Sch. 2

(2) In such a case, any application for leave to appeal to the House of Lords and any appeal for which leave is granted on such an application, shall be heard and determined with as much expedition as is practicable.

Section 56.

SCHEDULE 3
Modifications in relation to Prisoners of War

1. In this Schedule “protected prisoner of war” means a person protected by the convention set out in Schedule 3 to the 1957 c. 52.Geneva Conventions Act 1957; and “Royal Warrant” means a Royal Warrant governing the maintenance of discipline among prisoners of war.

2. In relation to a protected prisoner of war, this Act shall have effect as if the expression “army court-martial” included a prisoner of war court-martial constituted under a Royal Warrant.

3. In relation to a protected prisoner of war this Act shall have effect as if a reference to a Royal Warrant were substituted—

(a) for any reference in sections 13, 14 or 15 to the relevant Service Act;
(b) for the reference in section 16(2) to the relevant Service enactment;
(c) for the reference in section 17(2)(b) to the Army Act; and
(d) for the reference in section 37(2) to the enactment relating to the revision of the finding or sentence of an army court-martial.

4. Paragraph 3(1) of Schedule 2 to this Act shall not have effect in relation to a protected prisoner of war.

Section 58.

SCHEDULE 3
Consequential Amendment of Enactments

The Army Act 1955 (c. 18)

Section 113.

In subsection (3), for the words “paragraph (b) of subsection (3) of section 4 of the Courts-Martial (Appeals) Act 1951” there shall be substituted the words “section 9(4)(b) of the Courts-Martial (Appeals) Act 1968”.

After section 113 there shall be inserted the following section:—

“Power of reviewing authority to authorise retrial.
113A.—(1) The following provisions of the Courts-Martial (Appeals) Act 1968, that is to say,—
section 19,
section 20, and
Parts II and IV of Schedule 1,