1st Sch.
(3) Where the Courts-Martial Appeal Court or the House of Lords dismisses an application for leave to appeal under the said section one, that court or that House may—
- (a) where the application was made by the Admiralty or the Secretary of State, direct the payment by the Admiralty or the Secretary of State, as the case may require, of such sums as appear to the court or the House to be reasonably sufficient to compensate the defendant for any expenses properly incurred by him in resisting the application;
- (b) where the application was made by the defendant, make the like order as may be made by the court under subsection (3) of section thirteen of the Courts-Martial (Appeals) Act, 1951, where it dismisses an application for leave to appeal to that court;
and any order made under paragraph (b) of this sub-paragraph may be enforced in the same manner as an order made under the said subsection (3).
(4) Except as provided by sub-paragraph (3) of this paragraph and subsection (2) of the said section thirteen (which empowers the House of Lords to award costs to a defendant who is successful on an appeal to that House) no costs shall be allowed on the hearing or determination of an appeal under section one of this Act from the Courts-Martial Appeal Court or of any proceedings preliminary or incidental to such an appeal.
4. For subsection (1) of section nine there shall be substituted the following subsection:—
- “(1) Section twenty-two of the Courts-Martial (Appeals) Act, 1951 (which provides for the making of rules of court for the purposes of Part I of that Act) shall have effect as if references to the said Part I included references to the foregoing provisions of this Act so far as they relate to the Courts-Martial Appeal Court.”
SECOND SCHEDULE
Modifications of Act in relation to Northern Ireland
Part I
General Modifications
1. For any reference to the Court of Criminal Appeal there shall be substituted a reference to the Court of Criminal Appeal in Northern Ireland.
2. For references to the High Court and the Court of Appeal there shall be substituted references to the High Court of Justice in Northern Ireland and the Court of Appeal in Northern Ireland respectively, and references to a Divisional Court of the Queen’s Bench Division shall be construed accordingly.
3. Any reference to a magistrates' court shall be construed as a reference to a court of summary jurisdiction or a resident magistrate or justice of the peace sitting out of petty sessions to hear and determine any charge which he has power so to hear and determine.
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