Custody of proceedings of court martial and right of accused to a copy thereof

(1) The record of the proceedings of a court martial shall be kept in the custody of the Security Services Commission for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by sub-sections (2) and (3), shall be capable of being exercised. (2) Subject to the provisions of this section, any person tried by a court martial shall be entitled to obtain from the Security Services Commission on demand at any time within the relevant period and on payment therefor at such rate (if any) as may be prescribed a copy of the record of the proceedings of the court. (3) Where a person tried by court martial dies within the relevant period, his personal representatives or any person who in the opinion of the Security Services Commission ought to be treated for the purposes of this sub-section as his personal representative shall, subject to the provisions of this section, be entitled to obtain from the Security Services Commission on demand at any time within the period of twelve months from the death and on payment therefor at the prescribed rate a copy of the record of the proceedings of the court. 70 (4) If, on an application in pursuance of either sub-section (2) or (3), for a copy of the record of any proceedings, the Security Services Commission certifies that it is requisite for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or any part thereof to which the certificate relates. (5) In this section, the expression “the relevant period” in relation to any person tried by court martial, means the period of five years beginning with the date of his acquittal or, where he was convicted, of the promulgation of the findings and sentence or, where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation: Provided that where the proceedings relate to two or more charges and the person tried was acquitted on one or more of the charges and convicted on another or others, the relevant period shall be the period of five years beginning with the date of the promulgation of the finding or findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings. (6) Any reference in this section to the record of the proceedings of a court martial includes a reference to the record of the proceedings with respect to the confirmation and revision of the findings and sentence of the court martial.