The Armed Forces (Summary Appeal Court) Rules 2009

CHAPTER 1 APPEALS BROUGHT BY A PERSON TO WHOM A CHARGE RELATES

Notice of appeal

15.—(1) An appeal under section 141 shall be brought by serving (before the expiry of the initial period) a written notice of appeal on the commanding officer.

(2) The commanding officer shall serve the notice on the court administration officer and a copy of the notice and the documents required under paragraph (3) on the Director.

(3) The documents are—

(a) the written record of the summary hearing;

(b) a copy of the disciplinary record of the appellant;

(c) a copy of any witness statement prepared for the purposes of the summary hearing;

(d) details of all exhibits that form part of the evidence (whether used or unused at the summary hearing) and where and when they can be inspected;

(e) a list of persons whose evidence was not adduced at the summary hearing but who appear to the commanding officer to be potential witnesses in the proceedings before the court;

(f) any material in the possession of the commanding officer which is not annexed or referred to in the written record but which in his opinion may be material to the proceedings before the court;

(g) if the commanding officer was granted authority to hear the charge summarily, a copy of any document conveying that authority;

(h) if the commanding officer had extended powers for the purposes of section 133(1)(a) or (2), 134(1), 135(1) or 136(1)(b), a copy of any document conveying those powers; and

(i) a document specifying the appellant’s age, his rank or rate and any recognised acts of gallantry.

(4) In this rule—

“disciplinary record” means all formal disciplinary records of the appellant maintained and held by any of Her Majesty’s forces;

“initial period” has the meaning given in section 141(2)(a); and

“written record” has the meaning given in Rules made under section 153.

Application to extend initial period or for leave to appeal out of time

16.—(1) An application, under section 141(2)(b) (extension of initial period) or 141(3) (leave to appeal out of time) shall be made in writing to the commanding officer and shall state—

(a) if made under section 141(2)(b)–

(i) why the applicant is not able to bring an appeal within the initial period; and

(ii) what longer period he wishes the court to grant; or

(b) if made under section 141(3)–

(i) why the applicant did not appeal within the initial period; and

(ii) be accompanied by the proposed notice of appeal.

(2) The commanding officer shall serve the application together with a copy of the written record on the court administration officer who shall forward them to the Judge Advocate General and the Director.

(3) The Judge Advocate General may—

(a) grant the application;

(b) grant the application and substitute for any period stated in the application a different period;

(c) inform the court administration officer that he is minded to dismiss the application without a hearing; or

(d) direct a hearing of the application.

(4) Where the Judge Advocate General is minded to dismiss the application without a hearing, the court administration officer shall notify the applicant in writing of that fact and provide a copy of such notification to the commanding officer.

(5) Where the applicant is given notice under paragraph (4), the application shall be treated as dismissed unless, not more than 14 days from the receipt of the notice, the applicant gives notice in writing to the commanding officer that he requires a hearing of the application.

(6) The commanding officer must forward any notice given under paragraph (5) to the court administration officer and the Director.

(7) There shall be a hearing of the application if—

(a) the Judge Advocate General directs a hearing; or

(b) the applicant requires one.

(8) A hearing of the application shall be before a judge advocate.

(9) At a hearing of the application—

(a) the applicant may address the judge advocate; and

(b) the Director may, with leave, address the judge advocate.

(10) The court administration officer shall serve notice of any decision to grant or refuse an application under this rule on—

(a) the applicant;

(b) the Director; and

(c) the commanding officer.

(11) In this rule, “initial period” has the meaning given in section 141(2)(a).