Part 10

Court Martial Decisions: Appeals and Review
Chapter 3

Compensation for Miscarriages of Justice

Compensation for miscarriages of justice
276
1
Where—
a
a person has been convicted by the Court Martial, and
b
subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice,
the Secretary of State shall pay compensation for the miscarriage of justice to him or, if he is dead, to his personal representatives; but this is subject to subsections (2) to (3A).
2
Compensation under this section is not payable if the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.
3
Compensation under this section is not payable unless an application for such compensation has been made to the Secretary of State before the end of the period of 2 years beginning with the date on which the conviction of the person concerned is reversed or he is pardoned.
3A
But the Secretary of State may direct that an application for compensation made after the end of that period is to be treated as if it had been made within that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
4
The question whether there is a right to compensation under this section is to be determined by the Secretary of State.
5
If the Secretary of State determines that there is a right to such compensation, the amount of the compensation is to be assessed by an assessor appointed by the Secretary of State.
6
Section 276A applies in relation to the assessment of the amount of the compensation.
7
The reference in subsection (1) to a conviction having been reversed is to be read as a reference to a conviction having been quashed—
a
on an appeal out of time;
b
on a reference under section 34 of the Court Martial Appeals Act 1968 (c. 20); or
c
on a reference under section 12A of the Criminal Appeal Act 1995.
7A
But in a case where—
a
a person's conviction for an offence is quashed on an appeal out of time, and
b
the person is to be subject to a retrial,
the conviction is not to be treated for the purposes of subsection (1) as “reversed” unless and until the person is acquitted of all offences at the retrial or the prosecution indicates that it has decided not to proceed with the retrial.
8
Schedule 9 (provision with regard to assessors) has effect.
S. 276 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)
S. 276 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
Words in s. 276(1) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 29(2); S.I. 2009/1028, art. 2(b)
S. 273(3A) and preceding words at the end of subsection (3) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 29(3) (with Sch. 25 para. 34(1)); S.I. 2009/1028, art. 2(b)
S. 276(6) substituted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 29(4) (with Sch. 25 para. 34(2)); S.I. 2009/1028, art. 2(b)
S. 276(7A) inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 29(5) (with Sch. 25 para. 34(3)(4)); S.I. 2009/1028, art. 2(b)