Part III
(2) If the conviction is not quashed on appeal, the operation of the order shall continue to be suspended—
- (a) in any case, until the expiration of the time within which an application for leave to appeal to the House of Lords may be made (disregarding any extension of time which may be granted under section 40 of this Act); and
- (b) if such an application is made within that time, so long as the appeal to the House of Lords is pending.
(3) Where the operation of an order is suspended under this section,
- (a) the order shall not take effect if the conviction is quashed on appeal to the House of Lords;
- (b) such steps shall be taken for the safe custody of the property in question during the period during which the operation of the order is suspended as may be prescribed.
(4) Where by reason of the quashing by the Appeal Court of a person’s conviction an order to which subsection (1) of this section applies does not take effect and on appeal to the House of Lords the conviction is restored by the House, the House may make any order for the restitution of property which could be made on his conviction by the court-martial which convicted him or, in the case of an appeal relating to a conviction under the Naval Discipline Act, by the Defence Council.
Costs. 47.—(1) Where the Appeal Court or the House of Lords dismiss an application for leave to appeal to that House and the application was made by the Secretary of State, the Court or the House may direct the payment by the Secretary of State of such sums as appear to the Court or the House to be reasonably sufficient to compensate the accused for any expenses properly incurred by him in resisting the application.
(2) Where the Appeal Court or the House of Lords dismiss an application for leave to appeal to that House and the application was made by the accused, the Court or the House may make the like order as may be made by the Court under section 32(1) of this Act where they dismiss an application for leave to appeal to the Court; and any order made under this subsection may be enforced in the manner described in section. 32(2) of this Act.
(3) Where an appeal from the Appeal Court to the House of Lords is determined in favour of the accused, the House of Lords may, if they think fit, direct the payment by the Secretary of State of such sums as appear to the House to be reasonably