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(1)The following section shall be inserted after section 33 of the [1968 c. 20.] Courts-Martial (Appeals) Act 1968—
Without prejudice to section 31 above, where an appellant who is not in custody appears before the Appeal Court either on the hearing of his appeal or in any preliminary or incidental proceedings, the Appeal Court may direct the Secretary of State to pay him the expenses of his appearance.”.
(2)In section 34(2) of that Act (reference of cases by Service authorities), for the words " other than those of sections 31 and 32 " there shall be substituted the words " other than that of section 32 ".
(3)Section 35 of that Act (order for costs of defence on reference) (which is superseded by this section) shall cease to have effect.
(4)In section 47(3) of that Act (costs on appeals to the House of Lords), for the words from the beginning to " accused ", in the first place where it occurs, there shall be substituted the words " On determining an appeal from the Appeal Court. ".
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