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The Summary Appeal Court (Navy) Rules 2000
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Application for case to be stated
65.—(1) An application under section 52FN(2) of the Act to the court to have a case stated for the opinion of the High Court shall be made in writing and shall be served on the applicant’s commanding officer within 21 days after the date of the decision in respect of which the application is made.
(2) The application shall state the grounds on which the decision of the court is questioned.
(3) Where an application under section 52FN(2) of the Act is served on the applicant’s commanding officer under paragraph (1), he shall as soon as practicable serve it on the court administration officer.
(4) After making the application in accordance with paragraph (1), the applicant shall as soon as practicable serve a copy of it on the prosecuting authority.
(5) On receipt of the application, the court administration officer shall as soon as practicable send it to the judge advocate who sat as a member of the court at the hearing to which the application relates.
(6) On receipt of the application, the judge advocate shall inform the court administration officer as to whether or not he has decided to state a case and that officer shall give notice in writing to the applicant of the judge advocate’s decision.
(7) If the judge advocate considers that the application is frivolous, he may refuse to state a case and shall in that case, if the applicant so requires, cause a certificate stating the reasons for the refusal to be given to him.
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