Sch. 4
Section 118
In subsection (1), for the words “subsection (7) of section 4 of the Courts-Martial (Appeals) Act 1951” there shall be substituted the words “section 11(2) of the Courts-Martial (Appeals) Act 1968”.
Section 138
In subsection (9), for the words (in paragraph (a)) “Part I of the Courts-Martial (Appeals) Act 1951” there shall be substituted the words “Part II of the Courts-Martial (Appeals) Act 1968”; and for the words (in paragraph (e)) “the said Act of 1951” there shall be substituted the words “Part II of the said Act of 1968”.
The Naval Discipline Act 1957 (c. 53)
Section 70
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”.
Section 71
At the end of the section there shall be inserted the following section—
- “Power of reviewing authority to authorise retrial.
- 71A.—(1) The following provisions of the Courts-Martial (Appeals) Act 1968, that is to say,—
- section 19,
- section 20, and
- Parts I and IV of Schedule 1,
- (power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable when the power is exercised) shall apply with any necessary modifications in relation to the review by the Defence Council under section 70 of this Act of the findings of a court-martial as they apply in relation to an appeal to the Courts-Martial Appeal Court.
- (2) Any document purporting to be an order or direction made or given by virtue of the foregoing subsection by the Defence Council shall be evidence of the making of the order or the giving of the direction, as the case may be, and of its contents.”
Section 77
In subsection (1), for the words (in paragraph (a)) “Part I of the Courts-Martial (Appeals) Act 1951” there shall be substituted the words “Part II of the Courts-Martial (Appeals) Act 1968”.
In subsection (3), for the words “the said Act of 1951" there shall be substituted the words “Part II of the said Act of 1968”.
Section 85
In subsection (1), for the words “subsection (7) of section 4 of the Courts-Martial (Appeals) Act 1951” there shall be substituted the words “section 11(2) of the Courts-Martial (Appeals) Act 1968”.
