Part IV
may provide in what manner an appellant, when in custody, is to be taken to, kept in custody at, and brought back from any place at which he is entitled to be present for purposes of Part II or Part III of this Act or any place to which the Appeal Court. or a judge of it may order him to be taken for the purpose of any proceedings of the Court.
Exclusion of appeals etc. in case of certain Commonwealth naval courts-martial. 53.—(1) Part II of this Act confers no right of appeal against the conviction by a naval court-martial of a person who, at the time of the conviction, was borne on the books of a ship of the Royal Australian Navy or the Royal New Zealand Navy, not being a ship which at that time was placed at the disposal of the Defence Council.
(2) Section 34 of this Act does not apply in the case of such a conviction as is mentioned in subsection (1) of this section.
Saving for prerogative. 54.—(1) Nothing in this Act is to be taken as affecting any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to quash a conviction by court-martial, so far as regards the exercise thereof at a time before whichever of the following two events first occurs—
- (a) the receipt by the registrar of an application for leave to appeal under Part II of this Act against the conviction; or
- (b) the receipt by him of particulars of such an application furnished in pursuance of section 9 of this Act.
(2) Nothing in this Act is to be taken as affecting Her Majesty’s Royal prerogative of mercy.
Modification of provisions in Parts II and III for capital cases. 55. Schedule 2 to this Act has effect so as to modify certain provisions of this Act in relation to cases involving sentence of death; and any provision of this Act which is referred to in that Schedule and modified or restricted thereby shall have effect subject to the Schedule.
Modification for protected prisoners of war.
1957 c. 52.
56. Schedule 3 to this Act has effect so as to modify certain provisions of this Act in relation to protected prisoners of war within the meaning of the Geneva Conventions Act 1957; and any provision of this Act which is referred to in that Schedule and modified or restricted thereby shall have effect subject to the Schedule.
Interpretation. 57.—(1) In this Act, unless the context otherwise requires,—
- “the Air Force Act” means the 1955 c. 19.Air Force Act 1955;
- “air force court-martial” means a court-martial under the Air Force Act;
