Section 39 Right of appeal.

An appeal lies to F1the Supreme Court, at the instance of the accused or the F2Director of Service Prosecutions, from any decision of the Appeal Court on an appeal to them under Part II of this Act F3or the Court Martial (Prosecution Appeals) Order 2009, whether given by them when sitting within or outside the United Kingdom.

An appeal lies to the Supreme Court, at the instance of the acquitted person or the prosecuting officer, from any decision of the Appeal Court on an application under article 8(1) of the Armed Forces (Retrial for Serious Offences) Order 2013.

The appeal lies only with the leave of the Appeal Court or the Supreme Court; and such leave shall not be granted unless it is certified by the Appeal Court that a point of law of general public importance is involved in the decision and it appears to F5the Appeal Court or the Supreme Court, as the case may be, that the point is one which ought to be considered by the Supreme Court.

In relation to an appeal under subsection (1A), references in this Part to an accused are references to the acquitted person.