Section 176: Custody of proceedings of courts-martial and right to copies

(1) The record of the proceedings of a court-martial shall he kept in the custody of the convening officer for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by subsections (2) and (3) of this section shall he capable of being exercised.
(2) Subject to the provisions of this section, a person tried by a court-martial shall be entitled to obtain from the convening officer 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-martial.
(3) Where a person tried by a court-martial dies within the relevant period, his personal representative or a person who, in the opinion of the convening officer ought to be treated for the purposes of this subsection as his personal representative, shall, subject to the provisions of this section, be entitled to obtain from the convening officer on demand at any time within the period of twelve months from the death and payment therefor at the prescribed rate, a copy of the record of the proceedings of the court-martial.
(4) If, on an application in pursuance of either subsection (2) or (3) of this section for a copy of the record of 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 the part to which the certification relates.
(5) In this section, "the relevant period" in relation to a person tried by a court-martial, means the period of five years beginning with the date-
(a) of his acquittal; or
(b) where he was convicted, of the promulgation of the finding and sentence; or
(c) where a finding of guilty was not confirmed, of the promulgation of the withholding of confirmation; or
(d) where the proceedings relate to two or more charges and the person tried was acquitted on one or more of those charges, of the promulgation of the findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.
(6) A 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 or revision of the finding and sentence of the court-martial.