Clause 151

Where the grounds of appeal do not raise any question of law and it appears to the Military Court of Appeal that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Military Court of Appeal to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the president, certifying that the members of the Court, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint, and notice of such rejection shall be served upon the appellant.

If, in any case rejected under subsection (1) of this section, the appellant gives, within seven days of service of notice of rejection upon him, notice to the registrar of application for leave to amend his grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate and solicitor specifying the question to be raised and undertaking to argue it, the Military Court of Appeal may grant leave to amend accordingly and shall restore the appeal for hearing.

For the purposes of subsection (2) of this section, the question whether a sentence ought to be reduced shall be deemed not to be a question of law.