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Courts-Martial (Appeals) Act 1951

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8Supplementary powers of the Court

(1)For the purposes of this Part of this Act the Court may, if they think it necessary or expedient in the interests of justice—

(a)order the production of any document, exhibit or other thing connected with the proceedings the production of which appears to them necessary for the determination of the case;

(b)order the taking of such steps as are requisite to obtain from any member of the court-martial by which the appellant was tried or the person who officiated as judge advocate at the trial a report giving his opinion upon the case or upon any point arising therein or containing a statement as to any facts whereof the ascertainment appears to the Court to be material for the purpose of the determination of the case;

(c)order any witnesses who would have been compellable witnesses at the trial to attend and be examined before the Court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in the prescribed manner before any judge of the Court or before any other person appointed by the Court for that purpose, and allow the admission of any depositions so taken as evidence before the Court;

(d)receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness and, if the appellant makes an application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such an application ;

(e)where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot in the opinion of the Court conveniently be conducted before the Court, order the reference of the question in the prescribed manner for inquiry and report to a special commissioner appointed by the Court, and act upon the report of any such commissioner so far as they think fit to adopt it; and

(f)appoint any person with special expert knowledge to act as assessor to the Court in any case where it appears to the Court that such special knowledge is required for the proper determination of the case;

and may issue any warrants necessary for enforcing the orders or sentences of the Court:

Provided that the Court shall not make an order under paragraph (b) of this subsection for the purpose of obtaining a report from a member of a court-martial other than the president thereof unless they also make such an order for the purpose of obtaining a report from the president or are satisfied that the obtaining of a report from him is impracticable or would involve undue delay.

(2)There may be paid out of moneys provided by Parliament—

(a)to a witness attending before the Court in obedience to an order under paragraph (c) of the foregoing subsection or examined in pursuance of such an order before any such person as is mentioned in that paragraph, such travelling and subsistence allowances as may be prescribed by regulations made by the Lord Chancellor; and

(b)to a special commissioner to whom a question is referred under paragraph (e) of that subsection for inquiry and report and to a person appointed under paragraph (f) of that subsection to act as assessor to the Court, such remuneration and such travelling and subsistence allowances as may be so prescribed. The powers conferred on the Lord Chancellor by this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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