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Courts-Martial (Appeals) Act 1951

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20Special references to the Court

(1)If, in the case of the conviction of a person by a court-martial—

(a)it appears to the Judge Advocate of His Majesty's Fleet or the Judge Advocate General that the finding of the court-martial involves a point of law of exceptional importance which in his opinion should be determined, by the Court; or

(b)it appears to the Admiralty or the Secretary of State, upon consideration of matters appearing to them or him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Court;

the Judge Advocate of His Majesty's Fleet, the Judge Advocate General, the Admiralty or the Secretary of State, as the case may be, may refer the finding to the Court, and a reference under this section shall, for the purposes of the foregoing provisions of this Part of this Act (other than those of subsections (1) and (3) of section thirteen) be treated as an appeal by the person convicted against his conviction.

(2)Where, on a reference under this section, the person convicted appears before the Court, the Court shall direct the payment by the Admiralty or the Secretary of State (according as to whether the finding that is the subject of the reference is a finding of a naval court-martial or of an army or air force court-martial) of such sums as appear to the Court reasonably sufficient to compensate the person convicted for any expenses properly incurred by him for the purposes of his appearance and may, if they think fit, also direct the payment by the Admiralty or the Secretary of State (according as aforesaid) of such sums as appear to them reasonably sufficient to compensate that person for any expenses properly incurred by him 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.

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