SCHEDULES

SCHEDULE 2 Procedural and other Modifications for Capital Cases

Modifications of Part II

1

(1)

In the case of a conviction involving sentence of death, the right of appeal F1against conviction and any right of appeal against sentence conferred by section 8(1) of this Act on the person convicted shall be exercisable without his being required to present a petition to the Defence Council; and accordingly in such a case subsection (2) of that section shall not apply.

(2)

In the case of such a conviction, the power of the Appeal Court under section 9(3) of this Act to extend the period within which an application for leave to appeal must be lodged shall not be exercisable.

2

(1)

The following shall apply where a conviction by court-martial involves sentence of death.

(2)

The sentence shall not in any case be executed until the expiration of the period for appealing under Part II of this Act (that is to say the period prescribed under section 9 as the period within which an application for leave to appeal must be lodged).

(3)

Subject to the following paragraph, if such an application is duly lodged, the sentence shall not be executed until either the application is finally refused, or it is withdrawn, or the appeal is determined or abandoned.

F23

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4

Any appeal to the Appeal Court against a conviction involving sentence of death F3or against such a sentence itself and any application for leave to appeal to the Court against any such conviction F3or sentence shall be heard and determined with as much expedition as practicable.

5

The Appeal Court shall not have power, by virtue of section 22 of this Act, to impose sentence of death; and where apart from this paragraph a sentence of death would be required by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.