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SCHEDULES

SCHEDULE 4Miscellaneous Amendments of Enactments relating to Criminal Appeal.

THE COURTS-MARTIAL (APPEALS) ACT 1951 (C. 46)

16In section 3 (right of appeal) the following shall be added as a proviso to subsection (2):—

Provided that if a person presents a petition for the purposes of paragraph (a) of this subsection but fails to do so within the period prescribed for those purposes, and subsequently applies for leave to appeal, the Court may direct that he be treated as not having thereby lost his right of appeal if they think there is a reasonable explanation of the failure and that it is in the interests of justice that he should be so treated.

17In section 11 (appeal to be heard in absence of appellant) the words " rules of court provide that he shall have the right to be present or " shall be omitted.

18In section 17 (removal of prisoners for purposes of appeal from courts-martial) the following shall be substituted for paragraph (f):—

(f)section 13 of the Prison Act (Northern Ireland) 1953.

19In section 21 (powers of single judge of Courts-Martial Appeal Court), the following paragraph shall be inserted after paragraph (a):—

(aa)to give a direction under the proviso to section 3(2) of this Act that a person be treated as not having lost his right of appeal.