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Courts-Martial (Appeals) Act 1951

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14Suspension of death sentences

(1)Where a conviction by court-martial involves sentence of death—

(a)the sentence shall not in any case be executed until the expiration of the period prescribed under this Part of this Act as the period within which an application for leave to appeal to the Court against the conviction must be lodged;

(b)if such an application is duly lodged, the sentence shall not be executed until either the application is finally refused or is withdrawn or the appeal is determined or abandoned;

(c)if leave to appeal is granted and the appeal is dismissed, the sentence shall not be executed until the expiration of the period within which an application may be made under section seven of this Act for a certificate of the Attorney General; and

(d)if an application under the said section seven is duly made, the sentence shall not be executed until the grant of a certificate is refused or the application is withdrawn or the further appeal that lies to the House of Lords by virtue of the grant of a certificate is determined or abandoned:

Provided that, where a sentence of death passed on a person on active service by an army or air force court-martial is confirmed, and the authority who confirms the sentence certifies that it is essential in the interests of discipline and for the purpose of securing the safety of the force with which that person is present that the sentence should be carried out forthwith, the foregoing provisions of this subsection shall not apply to the sentence.

(2)Any appeal to the Court against a conviction by a court-martial involving sentence of death, any application for leave to appeal to the Court against any such conviction and any appeal to the House of Lords against a decision of the Court on an appeal thereto against any such conviction shall be heard and determined with as much expedition as practicable.

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