SCHEDULES

SCHEDULE 4Miscellaneous Amendments of Enactments relating to Criminal Appeal.

THE ADMINISTRATION OF JUSTICE ACT 1960 (C. 65)

31

In section 10 (application of provisions giving right of appeal to House of Lords from decisions of Courts-Martial Appeal Court), after the words " provisions of this Act " there shall be inserted the words " except section 4 " ; and at the end of the section there shall be added the following three subsections:—

2

When a person to whom this subsection applies appeals, or applies for leave to appeal, under section 1 of this Act to the House of Lords from a decision of the Courts-Martial Appeal Court or is the subject of an order of that Court under section 5(1) of this Act as applied by this section, the Court shall have power to grant him bail pending the appeal.

3

Subsection (2) above applies to any person who.—

a

not being subject to the [1957 c. 53.] Naval Discipline Act 1957, to military law or to air force law, is liable by virtue of any provision of the said Act of 1957, or the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 to be tried as if he were so subject; or

b

is subject to the said Act of 1957 by virtue only of section 119(1) of it (sentenced offenders).

4

In sections 1 to 9 of this Act as applied by this section ' the accused' means, in relation to an appeal from the Courts-Martial Appeal Court, the person who was the accused in the court-martial proceedings from which the appeal lay to that court