Courts-Martial (Appeals) Act 1951

13 Costs

(1) Where the Court allow an appeal they may, if they think fit, direct the payment by the Admiralty or the Secretary of State (according as to whether the conviction that was the subject of the appeal was by a naval court-martial or by an army or air force court-martial) of such sums as appear to the Court reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the prosecution of his appeal (including any proceedings preliminary or incidental thereto) or in carrying on his defence before the court-martial by which he was convicted or before any other court-martial before which were begun, but not concluded, proceedings for the offence with which he was charged before the court-martial by which he was convicted.

(2) Where an appeal to the House of Lords under subsection (1) of section seven of this Act from a decision of the Court is determined in favour of the person who was the appellant in the proceedings before the Court, the House of Lords may, if they think fit, direct the payment by the Admiralty or the Secretary of State (according as to whether the conviction that was the subject of those proceedings was by a naval court-martial or by an army or air force court-martial) of such sums as appear to the House of Lords to be reasonably sufficient to compensate the person aforesaid for any expenses properly incurred by him in the appeal to the House of Lords, in the prosecution of his appeal to the Court (including any proceedings preliminary or incidental thereto) or in carrying on his defence before the court-martial by which he was convicted or before any other court-martial before which were begun, but not concluded, proceedings for the offence with which he was charged before the court-martial by which he was convicted.

(3) Where the Court dismiss an appeal or application for leave to appeal they may, if they think fit, order the appellant 6r applicant, as the case may be, to pay to the Admiralty or the Secretary of State (according as to whether the conviction that was the subject of the proceedings before the Court was by a naval court-martial or by an army or air force court-martial) the whole or any part of the costs of the appeal or application, including the costs of copying or transcribing any documents for the use of the Court, and an order under this subsection may be enforced—

(a) in the same manner as an order for the payment of costs made by the High Court in civil proceedings; or

(b) by making deductions from pay due to the applicant or appellant, as the case may be ;

or partly in the one way and partly in the other.