7(1)Section 18 of that Act (Government documents etc relating to current or old cases) is amended as follows.U.K.
(2)In subsection (2) at the end of paragraph (b) add “or
(c)is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.”
(3)After subsection (4) add—
“(5)The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which—
(a)contains representations made to him in relation to any case to which this subsection applies, or
(b)was received by him in connection with any such case otherwise than from a person serving in a government department,
and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).
(6)Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).”
Commencement Information
I1Sch. 11 para. 7 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
I2Sch. 11 para. 7 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4