Part 10

Court Martial Decisions: Appeals and Review
Chapter 3

Compensation for Miscarriages of Justice

Cases where person has been detained for at least 10 years
276B
1
For the purposes of section 276A(5) this section applies to any case where the person concerned (“P”) has been in qualifying detention for a period (or total period) of at least 10 years by the time when—
a
the conviction is reversed, or
b
the pardon is given,
as mentioned in section 276(1).
2
P was “in qualifying detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—
a
by virtue of a sentence passed in respect of the relevant offence,
b
under mental health legislation by reason of P's conviction of that offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or
c
as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with the relevant offence or with any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.
3
In calculating the period (or total period) during which P has been in qualifying detention as mentioned in subsection (1), no account is to be taken of any period of time during which P was both—
a
in qualifying detention, and
b
in excluded concurrent detention.
4
P was “in excluded concurrent detention” at any time when P was detained in a prison, a hospital or at any other place, if P was so detained—
a
during the term of a sentence passed in respect of an offence other than the relevant offence,
b
under mental health legislation by reason of P's conviction of any such other offence (disregarding any conditions other than the fact of the conviction that had to be fulfilled in order for P to be so detained), or
c
as a result of P's having been ordered to be kept in service custody, or remanded for mental health purposes, in connection with an offence for which P was subsequently convicted other than—
i
the relevant offence, or
ii
any other offence the charge for which was founded on the same facts or evidence as that for the relevant offence.
5
But P was not “in excluded concurrent detention” at any time by virtue of subsection (4)(a), (b) or (c) if P's conviction of the other offence mentioned in that provision was quashed on appeal, or a pardon was given in respect of it.
6
In this section—
- “
kept in service custody
” means—
  1. kept in service custody under section 105(2) of the Armed Forces Act 2006, or
  2. kept in military, air-force or naval custody under section 75A(2) of the Army Act 1955 or of the Air Force Act 1955 or section 47G(2) of the Naval Discipline Act 1957 (as the case may be);
- “
mental health legislation
” means—
  1. Part 3 of the Mental Health Act 1983, or
  2. the provisions of any earlier enactment corresponding to Part 3 of that Act;
- “
the relevant offence
” means the offence in respect of which the conviction is quashed or the pardon is given (but see subsection (7));
- “
remanded for mental health purposes
” means remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 or under any corresponding provision of any earlier enactment;
- “
reversed
” has the same meaning as in section 276 of this Act.
7
If, as a result of the miscarriage of justice—
a
two or more convictions are reversed, or
b
a pardon is given in respect of two or more offences,
“
the relevant offence
” means any of the offences concerned.
Ss. 276A, 276B inserted (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 25 para. 30 (with Sch. 25 para. 34(2)); S.I. 2009/1028, art. 2(b)