Part 2 Appeals From Court Martial Appeal Court
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (2012 c 10) | Legislation

Part 2 Appeals From Court Martial Appeal Court

Introduction

9

Part 3 of the Court Martial Appeals Act 1968 (appeals from Court Martial Appeal Court) is amended as follows.

Application to Appeal Court

10

Before section 47 insert—

“46A Costs: application to Appeal Court by Director of Service Prosecutions

(1)     Where the Appeal Court dismiss an application for leave to appeal to the Supreme Court made by the Director of Service Prosecutions, the Appeal Court may direct the payment by the Secretary of State of such sums as appear to them to be reasonably sufficient to compensate the accused for any expenses properly incurred by the accused in resisting the application, subject to—

(a)     subsection (2), and

(b)     regulations under section 47A(1)(d).

(2)     The sums which the Appeal Court may direct the Secretary of State to pay do not include legal costs (as defined in section 31A), except where regulations made by the Lord Chancellor provide otherwise.

(3)     Regulations under subsection (2) may, in particular, include—

(a)     provision for an exception to arise where a determination has been made by a person specified in the regulations,

(b)     provision requiring the Appeal Court, when they direct

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