Administration of Justice Act 1960

Section 10.

FIRST SCHEDULE Modifications of Sections 1 to 9 in relation to Appeals from Courts-Martial Appeal Court

1 (1) The power to grant bail under section four or section five shall not be exercised by the Courts-Martial Appeal Court except in respect of persons who—

(a) not being subject to the Naval Discipline Act, 1957, to military law or to air force law, are liable by virtue of any of the provisions of 'the Naval Discipline Act, 1957, the Army Act, 1955, or the Air Force Act, 1955, to be tried as if they were so subject; or

(b) are subject to the Naval Discipline Act, 1957, by virtue only of subsection (1) of section one hundred and nineteen of that Act (which relates to sentenced offenders).

(2) Where bail is granted by the court under section four or section five it may be granted subject to the like conditions and other incidents and subject to the like power of variation and revocation as in the case of bail granted by the Court of Criminal Appeal.

(3) In subsection (4) of section five the references to any provision of the Mental Health Act, 1959, shall include references to the corresponding provision of the enactments for the time being in force in Scotland and Northern Ireland with respect to prisoners or other persons suffering from mental illness or other mental disorder.

2 (1) In section seven, for the references to an order for the restitution of property there shall be substituted references to an order under section seventy-six of the Naval Discipline Act, 1957. section one hundred and thirty-eight of the Army Act, 1955, or section one hundred and thirty-eight of the Air Force Act, 1955.

(2) In subsection (2) of section seven for the reference to section eighteen of the Criminal Appeal Act, 1907, there shall be substituted a reference to section twenty-two of the Courts-Martial (Appeals) Act, 1951.

(3) In subsection (3) of section seven the reference to the court which convicted a person shall, in relation to an appeal relating to a conviction under the Naval Discipline Act, 1957, include a reference to the Admiralty.

3 (1) Section eight shall not apply, but the following provisions of this paragraph shall apply instead.

(2) Section ten of the Courts-Martial (Appeals) Act, 1951 (which enables the Courts-Martial Appeal Court to grant legal assistance to an appellant under that Act) shall have effect as if references to an appeal and an appellant included references to an appeal under section one of this Act and to the defendant (whether appellant or respondent in the appeal).

(3) Where the Courts-Martial Appeal Court or the House of Lords dismisses an application for leave to appeal under the said section one, that court or that House may—

(a) where the application was made by the Admiralty or the Secretary of State, direct the payment by the Admiralty or the Secretary of State, as the case may require, of such sums as appear to the court or the House to be reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application ;

(b) where the application was made by the defendant, make the like order as may be made by the court under subsection (3) of section thirteen of the Courts-Martial (Appeals) Act, 1951, where it dismisses an application for leave to appeal to that court;

and any order made under paragraph (b) of this sub-paragraph may be enforced in the same manner as an order made under the said subsection (3).

(4) Except as provided by sub-paragraph (3) of this paragraph and subsection (2) of the said section thirteen (which empowers the House of Lords to award costs to a defendant who is successful on an appeal to that House) no costs shall be allowed on the hearing or determination of an appeal under section one of this Act from the Courts-Martial Appeal Court or of any proceedings preliminary or incidental to such an appeal.

4 For subsection (1) of section nine there shall be substituted the following subsection:—

“(1) Section twenty-two of the Courts-Martial (Appeals) Act, 1951 (which provides for the making of rules of court for the purposes of Part I of that Act) shall have effect as if references to the said Part I included references to the foregoing provisions of this Act so far as they relate to the Courts-Martial Appeal Court.”