Part III
sufficient to compensate the accused for any expenses properly incurred by him in the case up to and including the appeal, that is to say—
- (a) in the appeal to the House of Lords;
- (b) in the prosecution of his appeal to the Appeal Court (including any proceedings preliminary or incidental thereto); and
- (c) in carrying on his defence before the court-martial by which he was convicted or found not guilty by reason of insanity or unfit to stand his trial, 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 convicted or so found, as the case may be.
(4) Except as provided by the foregoing provisions of this section, no costs shall be allowed on the hearing or determination of an appeal from the Appeal Court to the House of Lords, or of any proceedings preliminary or incidental to such an appeal.
Powers under Part III which are exercisable by single judge. 48. The following powers of the Appeal Court under this Part of this Act, that is to say the power—
- (a) to extend the time for making an application for leave to appeal;
- (b) to make an order for or in relation to bail; and
- (c) to give leave to be present at the hearing of any proceedings preliminary or incidental to an appeal,
may be exercised by any judge of the Court; but where the judge refuses an application to exercise any of the said powers, the applicant shall be entitled to have the application determined by the Appeal Court.
Part IV
Miscellaneous and General
Rules of court. 49.—(1) Rules of court made by the Lord Chief Justice with the approval of the Lord Chancellor may provide for regulating the procedure and practice to be followed in the Appeal Court and for any other matters which by this Act are expressed to be subjects for rules of court.
(2) Rules of court made for the purposes of any provision of this Act may make different provision in relation to different classes of cases and may provide for any incidental or supplementary matters for which it appears to the Lord Chief Justice