Armed Forces Discipline Bill [H.L.] - continued        House of Lords
The summary appeal court - continued

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Powers of court.     20. After section 83ZF of each of the 1955 Acts there is inserted-
 
 
"Powers of summary appeal court.     83ZG. - (1) On an appeal against a finding that a charge has been proved, the summary appeal court-
 
    (a) may confirm or quash the finding, or
 
    (b) in a case where the commanding officer or appropriate superior authority could validly have recorded a finding that another charge had been proved, may substitute for the finding a finding that that other charge has been proved.
      (2) Where the court quashes a finding-
 
 
    (a) the court shall quash any punishment which relates only to that finding (or to that and one or more other findings which are also quashed), and
 
    (b) the court may vary any punishment which relates both to that and one or more other findings so as to award any punishment which-
 
      (i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and
 
      (ii) in the opinion of the court, is no more severe than the punishment originally awarded.
      (3) Where, on an appeal against a finding that a charge has been proved, the court confirms the finding or substitutes for it a finding that another charge has been proved, the court may vary the punishment awarded by the commanding officer or appropriate superior authority so as to award any punishment which-
 
 
    (a) it would have been within the powers of the commanding officer or appropriate superior authority to award, and
 
    (b) in the opinion of the court, is no more severe than that originally awarded.
      (4) On an appeal against the punishment awarded, the court-
 
 
    (a) may confirm the punishment awarded by the commanding officer or appropriate superior authority, or
 
    (b) may substitute any other punishment which-
 
      (i) it would have been within the powers of the commanding officer or appropriate superior authority to award, and
 
      (ii) in the opinion of the court, is no more severe than that originally awarded.
      (5) Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on dealing with the charge summarily.
 
      (6) Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been made or awarded by the officer who dealt summarily with the charge."
 
      (2) After section 52FL of the 1957 Act there is inserted-
 
 
"Powers of court.     52FM. - (1) On an appeal against a finding of guilt, the summary appeal court-
 
    (a) may confirm or quash the finding, or
 
    (b) in a case where the officer who conducted the summary trial could validly have recorded a finding that another charge had been proved, may substitute for the finding a finding that that other charge has been proved.
      (2) Where the court quashes a finding-
 
 
    (a) the court shall quash any punishment which relates only to that finding (or to that and one or more other findings which are also quashed), and
 
    (b) the court may vary any punishment which relates both to that and one or more other findings so as to award any punishment which-
 
      (i) it would have been within the powers of the officer who conducted the summary trial to award, and
 
      (ii) in the opinion of the court, is no more severe than the punishment originally awarded.
      (3) Where, on an appeal against a finding of guilt, the court confirms the finding or substitutes for it a finding that another charge has been proved, the court may vary the punishment awarded at the summary trial so as to award any punishment which-
 
 
    (a) it would have been within the powers of the officer who conducted the summary trial to award, and
 
    (b) in the opinion of the court, is no more severe than that originally awarded.
      (4) On an appeal against the punishment awarded, the court-
 
 
    (a) may confirm the punishment awarded at the summary trial, or
 
    (b) may substitute any other punishment which-
 
      (i) it would have been within the powers of the officer who conducted the summary trial to award, and
 
      (ii) in the opinion of the court, is no more severe than that originally awarded.
      (5) Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on summary trial of the charge.
 
      (6) Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been awarded or made by the officer who conducted the summary trial."
 
Making of, and appeals from, decisions of court.     21. - (1) After section 83ZG of each of the 1955 Acts there is inserted-
 
 
"Making of, and appeals from, decisions of court.     83ZH. - (1) Subject to section 83ZF(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 83ZD(1) of this Act shall be determined by a majority of the votes of the members of the court.
 
    (2) The person who brought the appeal may question any judgment of the summary appeal court on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the summary appeal court to have a case stated for the opinion of the High Court in England and Wales."
 
      (2) After section 52FM of the 1957 Act there is inserted-
 
 
"Making of, and appeals from, decisions of court.     52FN. - (1) Subject to section 52FL(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 52FJ(1) of this Act shall be determined by a majority of the votes of the members of the court.
 
    (2) The person who brought the appeal may question any judgment of the summary appeal court on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the summary appeal court to have a case stated for the opinion of the High Court in England and Wales."
 
Rules.     22. - (1) After section 83ZH of each of the 1955 Acts there is inserted-
 
 
"Rules of summary appeal court.     83ZJ. - (1) The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.
 
    (2) Rules under this section may, in particular, make provision-
 
 
    (a) as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 83ZE of this Act;
 
    (b) as to the bringing and abandonment of appeals;
 
    (c) as to the procedure for applying for leave under section 83ZE(2) or (3) of this Act;
 
    (d) as to the procedure for applying for leave, or making a reference, under section 115(5A) or (5B) of this Act;
 
    (e) as to consultation by the court administration officer with the Judge Advocate General before specifying where the court is to sit;
 
    (f) as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 83ZB sitting alone;
 
    (g) enabling an uncontested appeal to be determined without a hearing;
 
    (h) as to the convening and constitution of the court to hear any appeal;
 
    (i) as to circumstances in which officers otherwise qualified under section 83ZC are ineligible to hear particular appeals;
 
    (j) enabling the appellant to object to members of the court;
 
    (k) as to the representation of the appellant on the hearing of appeals under section 83ZE and at any preliminary proceedings;
 
    (l) as to the admissibility of evidence;
 
    (m) as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;
 
    (n) as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;
 
    (o) as to the administration of oaths;
 
    (p) as to the recording of the proceedings of the court and custody of records of the proceedings;
 
    (q) as to making copies of the records of proceedings available and as to the fees payable for such copies;
 
    (r) as to the procedure for applying to have a case stated under section 83ZH(2) of this Act.
      (3) Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.
 
      (4) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 
      (2) After section 52FN of the 1957 Act there is inserted-
 
 
"Rules of summary appeal court.     52FP. - (1) The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.
 
    (2) Rules under this section may, in particular, make provision-
 
 
    (a) as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 52FK of this Act;
 
    (b) as to the bringing and abandonment of appeals;
 
    (c) as to the procedure for applying for leave under section 52FK(2) or (3) of this Act;
 
    (d) as to the procedure for applying for leave, or making a reference, under section 71B(5A) or (5B) of this Act;
 
    (e) as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 52FG sitting alone;
 
    (f) enabling an uncontested appeal to be determined without a hearing;
 
    (g) as to the convening and constitution of the court to hear any appeal;
 
    (h) as to circumstances in which officers otherwise qualified under section 52FH are ineligible to hear particular appeals;
 
    (i) enabling the appellant to object to members of the court;
 
    (j) as to the representation of the appellant on the hearing of appeals under section 52FK and at any preliminary proceedings;
 
    (k) as to the admissibility of evidence;
 
    (l) as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;
 
    (m) as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;
 
    (n) as to the administration of oaths;
 
    (o) as to the recording of the proceedings of the court and custody of records of the proceedings;
 
    (p) as to making copies of the records of proceedings available and as to the fees payable for such copies;
 
    (q) as to the procedure for applying to have a case stated under section 52FN(2) of this Act.
      (3) Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.
 
      (4) Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament."
 
Oaths required of members of court.     23. - (1) After section 83ZJ of each of the 1955 Acts there is inserted-
 
 
"Administration of oaths to members of summary appeal court.     83ZK. - (1) Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.
 
    (2) In subsection (1) above "prescribed" means prescribed by the Secretary of State by order made by statutory instrument.
 
      (3) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
      (2) After section 52FP of the 1957 Act there is inserted-
 
 
"Administration of oaths to members of summary appeal court.     52FQ. - (1) Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.
 
    (2) In subsection (1) above "prescribed" means prescribed by the Secretary of State by order made by statutory instrument.
 
      (3) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."
 
Privilege of witnesses and others.     24. - (1) After section 83ZK of each of the 1955 Acts there is inserted-
 
 
"Privileges of witnesses and others.     83ZL. A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales."
 
      (2) After section 52FQ of the 1957 Act there is inserted-
 
 
"Privileges of witnesses and others.     52FR. A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales."
 
 
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