SCHEDULES

SCHEDULE 11Powers of the Criminal Cases Review Commission

Amendments of the Criminal Appeal Act 1995

I17

1

Section 18 of that Act (Government documents etc relating to current or old cases) is amended as follows.

2

In subsection (2) at the end of paragraph (b) add

or

c

is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court.

3

After subsection (4) add—

5

The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which—

a

contains representations made to him in relation to any case to which this subsection applies, or

b

was received by him in connection with any such case otherwise than from a person serving in a government department,

and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).

6

Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).