Part II
Order for costs of defence on reference under s. 34. 35.—(1) Where on a reference under section 34 of this Act the person who was tried by court-martial appears before the Appeal Court, the Court shall direct the payment by the Secretary of State of such sums as appear to them reasonably sufficient to compensate that person for any expenses properly incurred by him for the purposes of his appearance.
(2) In any such case the Appeal Court may, if they think fit, also direct the payment by the Secretary of State of such sums as appear to them reasonably sufficient to compensate the person who was tried by court-martial for any expenses properly incurred by him in carrying on his defence before the court- martial or before any other court-martial before which were begun, but not concluded, proceedings for the offence with which he was charged before the court-martial by which he was tried.
Supplementary
Powers under Part II which are exercisable by single judge. 36.—(1) The following powers of the Appeal Court under this Part of this Act, that is to say the power—
- (a) to give a direction under section 8(3) that a person be treated as not having lost his right of appeal;
- (b) to give leave to appeal;
- (c) to extend the period within which an application for leave to appeal must be lodged;
- (d) to make orders under section 20(2) and discharge or revoke such orders;
- (e) to allow an appellant to be present at any proceedings;
- (f) to order witnesses to attend for examination; and
- (g) to make an order under section 32 for the payment of costs,
may be exercised by any judge of the Appeal Court in the same manner as they may be exercised by the Court, and subject to the same provisions.
(2) If the judge refuses an application on the part of an appellant to exercise in his favour any of the powers mentioned in subsection (1) above (other than the power to make an order for the payment of costs), the appellant, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner, shall be entitled to have the application determined by the Appeal Court as duly constituted for the hearing and determination of appeals.
Documents relating to trial to be furnished for appeal. 37.—(1) In the case of every appeal or application for leave to appeal to the Appeal Court from a naval court-martial it shall be the duty of the Defence Council to furnish to the registrar, in accordance with rules of court, the proceedings of the court-martial and any petition presented by the person tried thereby.
