Page:Courts-Martial (Appeals) Act 1968 (UKPGA 1968-20 qp).pdf/25

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22Ch. 20
Courts-Martial (Appeals) Act 1968

Part IV

to be necessary or expedient for the purposes of that provision to provide.

(3) The power under this section to make rules of court shall be exercisable by statutory instrument, and the 1946 c. 36.Statutory Instruments Act 1946 shall apply to a statutory instrument containing rules of court made under this section in like manner as if the rules had been made by a Minister of the Crown.

(4) A statutory instrument containing rules of court made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Duties of registrar with respect to appeals etc. 50.—(1) The registrar shall take all necessary steps for obtaining the determination of an appeal or application under this Act, and shall obtain and lay before the Appeal Court in proper form all documents, exhibits and other things relating to the proceedings in the court-martial by which the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

(2) The registrar shall furnish the necessary forms and instructions relating to applications for leave to appeal under this Act to any person who demands them, to persons in charge of places where persons sentenced by court-martial may lawfully be confined for the purpose of serving their sentences and to such other persons as he thinks fit.

(3) Every person in charge of such a place as is referred to in subsection (2) above shall cause the said forms and instructions to be placed at the disposal of persons confined in that place who wish to apply for leave to appeal to the Appeal Court, or from that Court to the House of Lords.

Legal aid. 51.—(1) The Appeal Court may at any time assign to an appellant under Part II of this Act a solicitor and counsel, or counsel only, in any appeal under that Part or proceedings preliminary or incidental thereto in which, in the opinion of the Court, it appears desirable in the interests of justice that the appellant should have legal aid and has not sufficient means to enable him to obtain that aid.

(2) In the case of an appeal to the House of Lords under Part III of this Act, subsection (1) of this section shall apply to the defendant in the proceedings from which the appeal lies (whether he is appellant or respondent in the appeal) as it applies to the appellant in an appeal under Part II of this Act.

(3) The power of the Appeal Court to grant legal aid under this section may be exercised by any judge of the Court in the same manner as it may be exercised by the Court, and subject to the same provisions; but if the judge refuses an application on the part of a person to exercise the said power