Courts-Martial (Appeals) Act 1968 (c. 20)

(1) [ F2 The Court Martial Appeal Court ] shall continue in existence and is in this Act referred to either as “ the Appeal Court ” or as “ the Court ”. (2) The Appeal Court shall be a superior court of record and shall, for the purposes of this Act and subject to its provisions, have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before the Court. (3) The powers of the Appeal Court shall be exercisable by them so far as they think it necessary or expedient in the interests of justice that they should be exercised, and the Court may issue any warrants necessary for enforcing their orders or sentences. (4) Except as provided by Part III of this Act, no appeal shall lie from any decision of the Appeal Court. Textual Amendments F2 Words in s. 1(1) substituted (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. 3 ; S.I. 2009/812 , art. 3(a)(b) (with transitional provisions in S.I. 2009/1059 ); S.I. 2009/1167 , art. 4 Modifications etc. (not altering text) C13 S. 1(4) restricted (17.4.2024 for specified purposes) 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) ) C14 S. 1(4) restricted (17.4.2024 for specified purposes) 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) )

(1) The following shall be judges of the Appeal Court:— (a) the ex officio and ordinary judges of the Court of Appeal and such of the judges . . . F3 of the High Court as the Lord Chief Justice may, . . . F3 , from time to time nominate for the purpose; (b) such of the Lords Commissioners of Justiciary as the Lord Justice General may from time to time nominate for the purpose; and (c) such of the judges of Her Majesty’s [ F4 Court of Judicature ] of Northern Ireland as the Lord Chief Justice of Northern Ireland may from time to time nominate for the purpose. (2) The Lord Chancellor may appoint other persons, being persons of legal experience, to be judges of the Appeal Court and— (a) the appointment of a person under this subsection shall be for such term as may be determined by the Lord Chancellor, with the approval of the Treasury, before his appointment and shall be subject to such conditions as may be so determined; and (b) a person so appointed who ceases to hold office as a judge of the Appeal Court shall be eligible for reappointment. (3) There may be paid out of moneys provided by Parliament to the persons appointed under subsection (2) of this section to be judges of the Appeal Court such remuneration, and to all the judges of the Court such F5 ... allowances, as the Lord Chancellor may, with the approval of the Treasury, determine. Textual Amendments F3 Words repealed by Supreme Court Act 1981 (c. 54, SIF 37) , ss. 145(2) , 152(4) , 153(4) ( d ), Sch. 7 F4 Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4) , s. 148(1) , Sch. 11 para. 6 ; S.I. 2009/1604 , art. 2(d) F5 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 Modifications etc. (not altering text) C15 Functions of Treasury under s. 2 now exercisable by Minister for the Civil Service: S.I. 1971/2099