Part II
- (b) by making deductions from pay due to the appellant or applicant, as the case may be,
or partly in the one way and partly in the other.
(3) Any sums which by virtue of subsection (2)(a) above are recovered from a person by the Secretary of State shall be paid into the Exchequer.
Witnesses’ expenses. 33.—(1) The Appeal Court may, whether or not they exercise their powers under either of the two foregoing sections, order the payment out of moneys provided by Parliament of such sums as appear to the Court reasonably sufficient to compensate any person properly attending to give evidence on an appeal under this Part of this Act or any proceedings preliminary or incidental thereto (whether or not he gives evidence) for the expense, trouble or loss of time properly incurred in or incidental to his attendance.
(2) The amount of any costs ordered to be paid under this section shall be ascertained as soon as practicable by the registrar.
Special references to Appeal Court
Reference of cases by Service authorities. 34.—(1) If, in the case of the conviction of a person by court-martial,—
- (a) it appears to the Judge Advocate of Her Majesty’s Fleet or the Judge Advocate General that the finding of the court-martial involves a point of law of exceptional importance which in his opinion should be determined by the Appeal Court; or
- (b) it appears to the Secretary of State, upon consideration of matters appearing to him not to have been brought to the notice of the court-martial at the trial, to be expedient that the finding of the court-martial should be considered or reconsidered by the Appeal Court,
the Judge Advocate of Her Majesty’s Fleet, the Judge Advocate General or the Secretary of State, as the case may be, may refer the finding to the Court.
(2) A reference to the Appeal Court under this section shall, for all purposes other than those of sections 31 and 32 of this Act, be treated as an appeal by the person convicted against his conviction.
(3) The foregoing provisions of this section shall apply in the case of a finding by a court-martial of not guilty by reason of insanity as they apply in the case of the conviction of a person by court-martial.
