COURT-MARTIAL APPEALS BILL

Press, Volume LXXXIX, Issue 27190, 6 November 1953, Page 12

COURT-MARTIAL APPEALS BILL

PARLIAMENT

MEASURE PLACED BEFORE HOUSE BRITISH LEGISLATION FOLLOWED (New Zealand Press Association) WELLINGTON, November 5. The establishment of a special court of appeal for the Navy, Army, and Air Force to which every person convicted fcy a court-martial may, with the leave of the court, appeal against his conviction, is provided lor in a Court-mar-itial Appeals Bill, introduced in the House of Representatives tonight. The legislation is to come into force on a day appointed by Order-in-Council, and will apply to convictions on or after that day.

There will be no appeal to the court against sentence, but the bill preserves the Royal prerogative of mercy, under .which the sentence may be mitigated or remitted or a free pardon may be granted, whether the convicted person appeals to the court against the conviction or not. The bill also preserves all existing provisions of the New Zealand Army Act. 1950. and the other service acts for the revision, remission, and suspension of sentences. The judges of the proposed courtsmartial appeal court are to be the Chief Justice and thd other Judges of the Supreme Court and barristers or former Judges of the Supreme Court. The court shall be summoned in accordance with directions given by the Chief Justice, and will be duly constituted if it consists of an uneven nuin±>er of Judges* not being less than three, of whom at least one is a Judge of the Supreme Court and at least one is an appointed judge. The decision of the court will be final, subject to a further right of appeal to the Court of Appeal on a point of law of exceptional public importance. The Minister of Defence (Mr T. X. Macdonald) said that the provisions •of the bill were in accordance with ■legislation in Britain in recent years. He thought that similar legislation was contemplated in Canada and Australia. Powers of Court The courts-martial appeal court is empowered to allow an appeal if it thinks that the finding of the courtmartial is unreasonable or cannot be

supported, having regard to the evidence, or involves a wrong decision on a question of law, or that on any other ground there was a miscarriage of justice. The court may dismiss any eppeal if it considers that no substantial miscarriage 6f justice has actually occurred. When the court allows an appeal it may either direct an acquittal or a new trial Hie court may also substitute what it regards as another lawful conviction for the conviction appealed from, and it is empowered where necessary to substitute an appropriate sentence ’for the sentence of the Court-martial without in any way increasing the sentence.

The decision of the court on any appeal is to be final, unless the Attor-jiey-General grants a certificate that a point of law of exceptional public importance is involved, and that a further appeal is desirable in the public interest, in whiMh case it may Tie made to the Court of Appeal. The Naval Board, Army Board, or the Air Board is to undertake the defence of appeals. The proceedings of the court are to be open to the public Rinless it is necessary to clear the court for reasons of secur ty, justice, or public morality. A clause in the bill provides for the •uspension of a death sentence till all irights of appeal under the bill have been exhausted, except* where the safety of a force on active service requires the execution of the sentence. The clause does not affect the necessity for obtaining the Governor-Gen-eral’s approval before a- death sen-

The finding of a court-martial may be referred -to the coyrt for review on appeal by the Judge-Advocate of the Fleet or the Judge-Advocate-General where a point of law of exceptional importance is involved or by the Minister of Defence where the finding appears to need reconsideration.