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Administration of Justice Act 1960

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This is the original version (as it was originally enacted).

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.

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