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The Armed Forces (Service Inquiries) Regulations 2008

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Application to vary or revoke witness notice

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3.—(1) An application under regulation 15 (application to vary or revoke witness notice) must be made in writing to the court administration officer and must set out—

(a)why the applicant is unable to comply with the witness notice; or

(b)why the applicant considers that it is not reasonable in all the circumstances to require him to comply with the witness notice.

(2) On receiving the application, the court administration officer shall serve notice of the application on the president.

(3) A judge advocate shall neither grant nor refuse the application unless the applicant and the president have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.

(4) Paragraph 2 shall apply to an application under regulation 15 where the witness notice requires the applicant to produce in evidence a document or thing and the applicant seeks to satisfy the judge advocate that—

(a)it is not likely to be material evidence; or

(b)even if it is likely to be material evidence, it is evidence or a document referred to in regulation 13(5).

(5) The court administration officer shall notify the applicant and the president of the decision of the judge advocate in relation to the application.

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