28.—(1) Where—

F38[ (a) a person (in this section referred to as "the accused")—

(i) is convicted by a court-martial, or

(ii) is found to be unfit to take his trial pursuant to section 202 of the Act of 1954, or

(iii) is found not guilty by reason of insanity pursuant to section 203 of the Act of 1954,

and]

(b) a certificate for free legal aid (in this Part of this Act referred to as “F39[a legal aid (court-martial appeal) certificate]”) is granted in respect of the accused by the prescribed authority or under subsection (3) of this section,

the accused shall be entitled to free legal aid in the preparation and conduct of an appeal against the finding or sentence of the court-martial or against both such finding and such sentence F40[or against a decision by a court-martial to make or not to make an order of committal under section 202(1)(b) or section 203(2) of the Act of 1954] and to have a solicitor and counsel assigned to him for that purpose in such manner as may be prescribed by regulations under section 33 of this Act.

(2) F39[A legal aid (court-martial appeal) certificate] shall be granted in respect of the accused if (but only if)—

(a) application is made therefor,

(b) it appears to the prescribed authority that the means of the accused are insufficient to enable him to obtain legal aid, and

(c) either—

(i) the conviction is F41[an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or

(ii) it appears to the prescribed authority that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal.

(3) Where the accused is refused F39[a legal aid (court-martial appeal) certificate] by the prescribed authority, he may apply for the certificate to the Court either—

(a) by letter addressed to the registrar of the Court setting out the facts of the case and the grounds of the application, or

(b) to the Court itself,

and the Court shall grant the certificate if (but only if)—

(i) it appears to the Court that the means of the accused are insufficient to enable him to obtain legal aid, and

(ii) either—

(I) the conviction is of F42[an offence for which a person would be required on conviction to be sentenced to imprisonment for life], or

(II) it appears to the Court that, by reason of the serious nature of the offence or of exceptional circumstances, it is essential in the interests of justice that the accused should have legal aid in the preparation and conduct of an appeal.