Clause 121

There shall be established a Military Court of Appeal which shall be a superior court of record and shall consist of a president who shall be, or is a person qualified to be, a Judge of the High Court nominated by the Chief Justice and four other members two of whom shall be qualified persons of at least five years standing and two of whom shall be officers of or above the rank of captain.

The two members of the Military Court of Appeal who are qualified persons shall be appointed by the Armed Forces Council from a panel of qualified persons and the two members who are officers shall be selected by the Armed Forces Council from a panel of officers.

There may be paid to the qualified persons appointed under subsection (2) of this section such remuneration and allowances as the Armed Forces Council may determine.

The Military Court of Appeal shall have jurisdiction to hear and determine any appeal by a person convicted by a subordinate military court subject nevertheless to the provisions of this Part regulating the terms and conditions upon which such appeals may be brought.

The Military Court of Appeal shall for the purposes of the provisions of this Act have full power to determine, in accordance with this Act, any question necessary to be determined for the purpose of doing justice in any case before it and may issue any warrants necessary for enforcing its orders or sentences.

The determination of any question before a Military Court of Appeal shall be according to the opinion of the majority of the members of the Court hearing the case.

An appeal by a person convicted by a subordinate military court shall be either against the conviction or against sentence or against both except that where an accused person has pleaded guilty and has been convicted on such plea by a subordinate military court there shall be no appeal except as to the extent or legality of the sentence.

An appeal may lie on a question of fact or a question of law or on a question of mixed fact and law.

When an accused person has been acquitted by a subordinate military court there shall be no appeal except by the person appointed under paragraph (a) of subsection (5) of section 80 of this Act.