Part 10Court Martial Decisions: Appeals and Review

Chapter 3Compensation for Miscarriages of Justice

I1276Compensation for miscarriages of justice

1

Where—

a

a person has been convicted by the Court Martial, and

b

subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice,

the Secretary of State shall pay compensation for the miscarriage of justice to him or, if he is dead, to his personal representatives; but this is subject to subsections (2) and (3).

2

Compensation under this section is not payable if the non-disclosure of the unknown fact was wholly or partly attributable to the person convicted.

3

Compensation under this section is not payable unless an application for such compensation has been made to the Secretary of State.

4

The question whether there is a right to compensation under this section is to be determined by the Secretary of State.

5

If the Secretary of State determines that there is a right to such compensation, the amount of the compensation is to be assessed by an assessor appointed by the Secretary of State.

6

In assessing the amount of compensation payable to or in respect of a person that is attributable to suffering, harm to reputation or similar damage, the assessor must have regard in particular to—

a

the seriousness of the offence of which the person was convicted and the severity of the resulting sentence;

b

the conduct of the investigation and prosecution of the offence; and

c

any other convictions of the person and any resulting sentences.

7

The reference in subsection (1) to a conviction having been reversed is to be read as a reference to a conviction having been quashed—

a

on an appeal out of time;

b

on a reference under section 34 of the Court Martial Appeals Act 1968 (c. 20); or

c

on a reference under section 12A of the Criminal Appeal Act 1995.

8

Schedule 9 (provision with regard to assessors) has effect.