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

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Constitution of court for appeals.     17. - (1) After section 83ZC of each of the 1955 Acts there is inserted-
 
 
"Constitution of summary appeal court for appeals.     83ZD. - (1) For the purpose of hearing an appeal, the summary appeal court shall consist of-
 
    (a) one of the judge advocates appointed under section 83ZB, and
 
    (b) two officers qualified under section 83ZC for membership of the court.
      (2) Subsection (1) above has effect subject to any provision made by virtue of section 83ZJ of this Act.
 
      (3) The judge advocate for any appeal shall be specified by or on behalf of the Judge Advocate General.
 
      (4) The other members of the court for any appeal shall be specified by or on behalf of the court administration officer."
 
      (2) After section 52FH of the 1957 Act there is inserted-
 
 
"Constitution of summary appeal court for appeals.     52FJ. - (1) For the purpose of hearing an appeal, the summary appeal court shall consist of-
 
    (a) one of the judge advocates appointed under section 52FG, and
 
    (b) two officers qualified under section 52FH for membership of the court.
      (2) Subsection (1) above has effect subject to any provision made by virtue of section 52FP of this Act.
 
      (3) The judge advocate for any appeal shall be specified by or on behalf of the Chief Naval Judge Advocate.
 
      (4) The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.
 
      (5) In specifying members of the court under subsection (4) of this section the person doing so shall ensure that at least one member of the court for any appeal is of or above the rank of commander.
 
      (6) At any sitting of the court, the most senior member of the court at that sitting shall preside."
 
Right of appeal.     18. - (1) After section 83ZD of each of the 1955 Acts there is inserted-
 
 
"Right of appeal.     83ZE. - (1) Any person in respect of whom-
 
    (a) a charge has been dealt with summarily, and
 
    (b) a finding that the charge has been proved has been recorded,
  may appeal to the summary appeal court against the finding or against any punishment awarded (or against both).
 
      (2) Subject to subsection (3) below, any appeal must be brought within the period of twenty-one days beginning with the date on which the punishment was awarded ("the initial period") or within such longer period as the court may (before the end of the initial period) allow.
 
      (3) The court may at any later time give leave for an appeal to be brought.
 
      (4) On any appeal under this section, the respondent shall be the prosecuting authority."
 
      (2) After section 52FJ of the 1957 Act there is inserted-
 
 
"Right of appeal.     52FK. - (1) Any person in respect of whom-
 
    (a) a charge has been tried summarily, and
 
    (b) a finding of guilt has been recorded,
  may appeal to the summary appeal court against the finding or against any punishment awarded (or against both).
 
      (2) Subject to subsection (3) below, any appeal must be brought within the period of twenty-one days beginning with the date on which the punishment was awarded ("the initial period") or within such longer period as the court may (before the end of the initial period) allow.
 
      (3) The court may at any later time give leave for an appeal to be brought.
 
      (4) On any appeal under this section, the respondent shall be the prosecuting authority."
 
Hearing of appeals.     19. - (1) After section 83ZE of each of the 1955 Acts there is inserted-
 
 
"Hearing of appeals.     83ZF. - (1) An appeal under section 83ZE of this Act against a finding shall be by way of a rehearing of the charge.
 
    (2) An appeal under section 83ZE of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.
 
      (3) Except in such cases as may be prescribed by rules under section 83ZJ of this Act, appeals shall be heard in open court.
 
      (4) Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.
 
      (5) Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
 
      (6) Any directions given by the judge advocate shall be binding on the court."
 
      (2) After section 52FK of the 1957 Act there is inserted-
 
 
"Hearing of appeals.     52FL. - (1) An appeal under section 52FK of this Act against a finding shall be by way of a rehearing of the charge.
 
    (2) An appeal under section 52FK of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.
 
      (3) Except in such cases as may be prescribed by rules under section 52FP of this Act, appeals shall be heard in open court.
 
      (4) Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.
 
      (5) Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
 
      (6) Any directions given by the judge advocate shall be binding on the court."
 
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."
 
 
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Prepared 17 December 1999