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Assessors of compensation for miscarriages of justice |
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1 (1) | A person is qualified for appointment as an assessor for the purposes of |
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(a) | has a seven year general qualification within the meaning of section |
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71 of the Courts and Legal Services Act 1990 (c. 41); |
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(b) | is an advocate or solicitor in Scotland; |
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(c) | is a member of the Bar of Northern Ireland, or a solicitor of the |
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Supreme Court of Northern Ireland, of at least seven years’ standing; |
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(d) | holds or has held judicial office in any part of the United Kingdom; |
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(e) | is a member (whether the chairman or not) of the Criminal Injuries |
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(f) | has in a relevant territory rights and duties similar to those of a |
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barrister or solicitor in England and Wales, has had those rights and |
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duties for at least seven years, and is subject to punishment or |
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disability for breach of professional rules. |
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(2) | In this paragraph “relevant territory” means— |
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(a) | any of the Channel Islands; |
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(c) | a Commonwealth country; or |
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(d) | a British overseas territory. |
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2 | A person shall hold and vacate office as an assessor in accordance with the |
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terms of his appointment. |
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3 | A person shall vacate office as an assessor— |
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(a) | if he ceases to be qualified for appointment as an assessor, or |
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(b) | on attaining the age of 72, |
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| unless the Secretary of State considers that it is in the interests of the efficient |
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operation of section 275 that he should continue to hold office. |
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4 | A person may at any time resign his office as an assessor by notice in writing |
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given to the Secretary of State. |
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5 | Subject to paragraph 6, the Secretary of State may at any time remove a |
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person from office as an assessor if satisfied that— |
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(a) | he has been convicted of a criminal offence; |
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(b) | he has become bankrupt, has made an arrangement with his |
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creditors, has had his estate sequestrated or has granted a trust deed |
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for his creditors or a composition contract; or |
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(c) | he is unable or unfit to perform his duties. |
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6 (1) | The exercise of the power conferred by paragraph 5 is subject to the |
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following provisions of this paragraph. |
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(2) | In the case of a person who qualifies for appointment under— |
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(a) | paragraph 1(1)(a), or |
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(b) | paragraph 1(1)(d) by virtue of holding or having held judicial office |
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| that power shall only be exercisable with the consent of the Lord Chancellor, |
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which may only be given with the concurrence of the Lord Chief Justice of |
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(3) | In the case of a person who qualifies for appointment under— |
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(a) | paragraph 1(1)(b), or |
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(b) | paragraph 1(1)(d) by virtue of holding or having held judicial office |
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| that power shall only be exercisable with the consent of the Lord President |
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(4) | In the case of a person who qualifies for appointment under— |
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(a) | paragraph 1(1)(c), or |
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(b) | paragraph 1(1)(d) by virtue of holding or having held judicial office |
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| that power shall only be exercisable with the consent of the Lord Chancellor, |
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which may only be given with the concurrence of the Lord Chief Justice of |
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7 | An assessor shall be paid such remuneration and allowances as the Secretary |
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Proceedings of the Service Civilian Court |
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1 | Subject to any provision made by SCC rules, the Service Civilian Court must |
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Unfitness to stand trial and insanity |
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2 | Where on a trial of a charge by the Service Civilian Court any question arises |
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(whether at the instance of the defence or otherwise)— |
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(a) | whether the defendant is fit to stand trial, or |
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(b) | where it appears that the defendant did the act or made the omission |
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charged against him as the offence, whether he was insane at the |
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time of the act or omission, |
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| the court must refer the charge to the Court Martial for trial by that court. |
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Privilege of witnesses and others |
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3 | A witness before the Service Civilian Court or any other person whose duty |
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it is to attend the court is entitled to the same immunities and privileges as a |
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witness before a magistrates’ court in England or Wales. |
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Powers of the Criminal Cases Review Commission |
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Amendment of the Court Martial Appeals Act 1968 |
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1 | After section 29 of the Court Martial Appeals Act 1968 insert— |
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“29A | Power to order investigation by Criminal Cases Review Commission |
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(1) | On an appeal against conviction or an application for leave to appeal |
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against conviction, the Appeal Court may direct the Criminal Cases |
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Review Commission to investigate and report to the Court on any |
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matter if it appears to the Court that— |
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(a) | in the case of an appeal, the matter is relevant to the |
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determination of the appeal and ought, if possible, to be |
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resolved before the appeal is determined; |
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(b) | in the case of an application for leave to appeal, the matter is |
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relevant to the determination of the application and ought, if |
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possible, to be resolved before the application is determined; |
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(c) | an investigation of the matter by the Commission is likely to |
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result in the Court’s being able to resolve it; and |
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(d) | the matter cannot be resolved by the Court without an |
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investigation by the Commission. |
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(2) | A direction under subsection (1) above may not be given by a single |
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judge, notwithstanding that, in the case of an application for leave to |
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appeal, the application may be determined by a single judge as |
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provided for by section 36 of this Act. |
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(3) | A direction by the Appeal Court under subsection (1) above shall be |
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given in writing and shall specify the matter to be investigated. |
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(4) | Copies of such a direction shall be made available to the appellant |
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(5) | Where the Commission have reported to the Appeal Court on any |
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matter which they have been directed under subsection (1) above to |
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(a) | shall notify the appellant and the respondent that the |
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Commission have reported; and |
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(b) | may make available to the appellant and the respondent the |
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report of the Commission and any statements, opinions and |
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reports which accompanied it. |
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(6) | In this section “respondent” includes a person who will be a |
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respondent if leave to appeal is granted.” |
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Amendments of the Criminal Appeal Act 1995 |
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2 | After section 12 of the Criminal Appeal Act 1995 (c. 35) insert— |
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“12A | Cases dealt with by the Court Martial |
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(1) | Where a person has been convicted by the Court Martial (including |
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on an appeal brought from the Service Civilian Court), the |
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(a) | may at any time refer the conviction to the Court Martial |
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(b) | (whether or not they refer the conviction) may at any time |
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refer to the Court Martial Appeal Court any sentence (other |
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than one fixed by law) imposed by the Court Martial on, or in |
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subsequent proceedings relating to, the conviction. |
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(2) | Where a person has been convicted by the Service Civilian Court and |
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sentenced by the Court Martial on an appeal against sentence only, |
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the Commission may at any time refer to the Court Martial Appeal |
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Court that sentence of the Court Martial and any other sentence |
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imposed by the Court Martial in respect of a connected conviction |
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within the meaning given by section 12B(6). |
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(3) | A reference under subsection (1) of a person’s conviction shall be |
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treated for all purposes as an appeal by the person under section 8 of |
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the Court Martial Appeals Act against the conviction. |
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(4) | On a reference under subsection (1) of a person’s conviction, the |
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Commission may give notice to the Court Martial Appeal Court that |
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any related conviction specified in the notice is to be treated as |
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referred to that court under subsection (1). |
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(5) | A reference under subsection (1) of a sentence imposed on, or in |
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subsequent proceedings relating to, a person’s conviction shall be |
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treated for all purposes as an appeal by the person under section 8 of |
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the Court Martial Appeals Act against— |
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(b) | any other sentence (other than one fixed by law) imposed by |
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the Court Martial on, or in subsequent proceedings relating |
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to, the conviction or any related conviction. |
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(6) | A reference under subsection (2) of a person’s sentence shall be |
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treated for all purposes as an appeal by the person under section 8 of |
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the Court Martial Appeals Act against— |
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(b) | any other sentence imposed by the Court Martial in respect of |
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a connected conviction within the meaning given by section |
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(7) | Where a finding of not guilty by reason of insanity has been made by |
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the Court Martial in the case of a person, the Commission may at any |
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time refer the finding to the Court Martial Appeal Court; and a |
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reference under this subsection shall be treated for all purposes as an |
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appeal by the person under section 21 of the Court Martial Appeals |
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(8) | Where the Court Martial has found that a person is under a disability |
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and that he did the act or made the omission charged against him, the |
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Commission may at any time refer either or both of those findings to |
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the Court Martial Appeal Court; and a reference under this |
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subsection shall be treated for all purposes as an appeal by the |
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person under section 24 of the Court Martial Appeals Act against the |
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finding or findings referred. |
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(9) | For the purposes of this section convictions are “related” if they are |
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of the same person in the same proceedings. |
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