The Armed Forces (Summary Appeal Court) Rules 2009

PART 7 ADVANCE INFORMATION

Service of advance information

42.—(1) In the case of appeal proceedings, the Director must, as soon as is practicable serve advance information on—

(a) the court administration officer;

(b) the appellant; and

(c) the appellant’s legal representative (if any).

(2) For an appeal against finding, “advance information” means—

(a) copies of the statements of those witnesses on whom the Director intends to rely against the appellant;

(b) a list of all exhibits which the Director intends to adduce in evidence against the appellant, and a statement of where any non-documentary exhibits are held; and

(c) a transcript of any sound recording of an interview with the appellant.

(3) For an appeal against punishment, “advance information” means—

(a) a statement of the information that the Director proposes to present to the court in pursuance of rule 86(2); and

(b) the written record.

(4) Where, after the Director has served advance information on an appellant, he intends to adduce any evidence not included in the advance information, he must as soon as is practicable serve on the appellant and the court administration officer such documents as he would have been required to include in the advance information if he had had that intention at the time when he served advance information.

(5) Where paragraph (4) applies in the course of appeal proceedings, the reference in that paragraph to the court administration officer is to be read as a reference to the judge advocate.

(6) Where the Director no longer intends to call a witness whose statement he has served under this rule, he must as soon as is practicable give notice of that fact to every appellant.