SCHEDULE 11 Powers of the Criminal Cases Review Commission

SCHEDULE 11 Powers of the Criminal Cases Review Commission

Section 321

Amendment of the Court Martial Appeals Act 1968

1

After section 29 of the Court Martial Appeals Act 1968 insert—

“29A Power to order investigation by Criminal Cases Review Commission

(1)     On an appeal against conviction or an application for leave to appeal against conviction, the Appeal Court may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that—

(a)     in the case of an appeal, the matter is relevant to the determination of the appeal and ought, if possible, to be resolved before the appeal is determined;

(b)     in the case of an application for leave to appeal, the matter is relevant to the determination of the application and ought, if possible, to be resolved before the application is determined;

(c)     an investigation of the matter by the Commission is likely to result in the Court's being able to resolve it; and

(d)     the matter cannot be resolved by the Court without an investigation by the Commission.

(2)     A direction under subsection (1) above may not be given by a single judge, notwithstanding

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