Cap. 220 Art. 139Custody of proceedings of courts-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 Attorney General for not less than six years, being a period sufficient to ensure that the rights conferred by the two next following sub-articles shall be capable of being exercised.

(2) Subject to the provisions of this article, any person tried by a court-martial shall be entitled to obtain from the Attorney General on demand at any time within the relevant period and on payment therefor at such rate 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 heirs, or any person who in the opinion of the Attorney General ought to be treated for the purposes of this sub-article as his heirs, shall, subject to the provisions of this article, be entitled to obtain from the Attorney General 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.

(4) If, on an application in pursuance of either of the two last foregoing sub-articles for a copy of the record of any proceedings, the Minister 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 part to which the certificate relates.

(5) In this article "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 charged 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 article to the record of the proceedings of a court-martial includes a reference to the record of the proceedings with respect to the confirmation or revision of the findings and sentence of the court-martial.