The following provisions shall have effect where a person has been convicted by court-martial ofunlawfully obtaining any property, whether by stealing it, F1handling it, F2 or otherwise F3or where a person has been convicted of any offence by a court-martial and the courthas taken such an offence of unlawfully obtaining property into consideration in sentencing him..

If any of the property unlawfully obtained has been found in the possession of the offender, it may beordered to be delivered or paid to the person appearing to be the owner thereof.

If there has been found in the possession of the offender any property (other than money) appearing tohave been obtained by him by the conversion or exchange of any of the property unlawfully obtained, theproperty may be ordered to be delivered to the person appearing to be the owner of the property unlawfullyobtained.

Where money is found in the possession of the offender, then whether or not it appears to have beenobtained as aforesaid an order may be made that there shall be paid out of that money to the personappearing to be the owner of the property unlawfully obtained such sum as may be specified in the order asor towards compensation for the loss caused to the said person by the offence, in so far as not otherwisemade good under this Act or by the recovery of the property unlawfully obtained.

Where any of the property unlawfully obtained has been sold or given in pawn to some other person whodid not then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property sold or given as aforesaid, there shall be paid to the said otherperson, out of any money found in the possession of the offender (whether or not the money appears to beproceeds of the sale or giving in pawn), such sum as may be specified in the order as or towardscompensation for the loss caused to him in consequence of the sale or giving in pawn.

Where any of the property unlawfully obtained has been given in exchange to some other person who didnot then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property given as aforesaid, there shall be restored to the said other personthe property taken in exchange for the property unlawfully obtained.

An order under this section may be made by the court-martial by whom the offender is convicted, F4. . ., or by any reviewing authority; and in this section the expression “appearing” means appearing to the court, F4. . .or authority making the order.

F5. . . the provisions of this Part of this Act as to the F5. . . review of theproceedings of courts-martial shall apply to an order under this section as they apply to a sentence.

Notwithstanding anything in the last foregoing subsection, an order under this section shall not, sofar as it relates to the delivery of property to the person appearing to be the owner thereof, be suspendedif the court, F8. . . or authority making the order directs to the contrary in any case in which, in theopinion of the court, F8. . .or authority, the title to the property is not in dispute.

An order under this section shall not bar the right of any person, other than the offender or a personclaiming through him, to recover any property delivered or paid in pursuance of such an order from theperson to whom it is delivered or paid.

The record of the proceedings of a court-martial shall be kept in the custody of the Judge AdvocateGeneral for not less than the prescribed period being a period sufficient to ensure that the rightsconferred by the two next following subsections F12and by subsection 141A below shall be capable of being exercised.

Subject to the provisions of this section, any person tried by a court-martial shall be entitled toobtain from the Judge Advocate General on demand at any time within the relevant period and on paymenttherefor at such rate F13as the Judge Advocate General may determine a copy of the record of the proceedings of the court.

Where a person tried by court-martial dies within the relevant period, his personal representatives orany person who in the opinion of the Judge Advocate General ought to be treated for the purposes of thissubsection as his personal representative shall subject to the provisions of this section be entitled toobtain from the Judge Advocate General on demand at any time within the period of twelve months from thedeath and on payment therefor at F13the rate determined under subsection (2) above a copy of the record of the proceedings of the court.

The right of a person or his representatives to obtain a copy of the record under this section does notextend to so much of the record as relates only to a charge of which he was found not guilty.

If, on an application in pursuance of F15this section for a copy of the record of any proceedings, the Secretary of State certifies that it is requisitefor reasons of security that the proceedings or any part thereof should not be disclosed, the applicantshall not be entitled to a copy of the proceedings or part to which the certificate relates.

In this section the expression “the relevant period”, in relation to any person tried by court-martial, means the periodof five years beginning with the date of his acquittal or, where he was convicted, of the promulgation ofthe findings and sentence F16. . .:

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Subject to the provisions of this section, where a court-martial imposes a fine on or makes acompensation order against a parent or guardian under paragraph 13 of Schedule 5A to this Act, the parentor guardian shall be entitled to obtain from the Judge Advocate General on demand at any time within therelevant period and on payment therefor at such rate as the Judge Advocate General may determine a copy ofthe relevant part of the record of the proceedings of the court.

Where the parent or guardian dies within the relevant period, his personal representatives or any personwho in the opinion of the Judge Advocate General ought to be treated for the purposes of this subsectionas his personal representative shall, subject to the provisions of this section, be entitled to obtain fromthe Judge Advocate General on demand at any time within the period of twelve months from the death and onpayment therefor at the rate determined under subsection (1) above a copy of the relevant part of the recordof the proceedings of the court.

In a case where this section applies, any entitlement conferred by subsection (1) or (2) above is inaddition to any entitlement conferred by section 141(2) or (3) of this Act.

If, on an application in pursuance of this section for a copy of the record of any proceedings, theSecretary of State certifies that it is requisite for reasons of security that the proceedings or any partthereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or partto which the certificate relates.

In this section “the relevant period” means the period of five years beginning with the date of thepromulgation of the findings and sentence.

In this section “the relevant part of the record” means so much of the record as relates to compliance withthe requirements of the said paragraph 13 or to any matters taken into account by the court in deciding toimpose the fine or make the compensation order.

Subsection (6) of section 141 of this Act applies for the purposes of this section as it applies forthe purposes of that section.