The Armed Forces (Summary Appeal Court) Rules 2009

PART 2 U.K.STEPS TAKEN BEFORE COMMENCEMENT

Service of documentsU.K.

4.  Any document served on a person before commencement, which would have been served on him in accordance with any provision of these Rules if that provision had then been in force, is to be treated as having been served on him in accordance with that provision.

Court administration officersU.K.

5.  Anything done before commencement by a court administration officer within the meaning of any of the SDAs, which would have been done in accordance with any provision of these Rules if it had been done by the court administration officer within the meaning of the Act and that provision had then been in force, is to be treated as having been done by the court administration officer in accordance with that provision.

Prosecuting officersU.K.

6.  Anything done before commencement by—

(a)the prosecuting authority for the Royal Navy, the Army or the Royal Air Force, or

(b)a prosecuting officer (within the meaning of any of the SDAs),

which would have been done in accordance with any provision of these Rules if it had been done by the Director and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the Director in accordance with that provision.

Legal representativesU.K.

7.—(1) Anything done before commencement by a person's legal advisor within the meaning of 2000 Rules, which would have been done in accordance with any provision of these Rules if it had been done by the person's legal representative within the meaning of these Rules and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the person's legal representative in accordance with that provision.

(2) A person who, immediately before commencement, was a person's legal advisor (within the meaning of the 2000 Rules) is to be treated as having been appointed under rule 41.

Appeal or application to be treated as made in accordance with these RulesU.K.

8.  Where, before commencement, an—

(a)appeal has been made in accordance with rule 8 of the 2000 Rules,

(b)application for leave to extend time for appealing and for leave to bring an appeal out of time has been made in accordance with rule 9 of the 2000 Rules, or

(c)application by the authority carrying out a review for leave to refer a case to the summary appeal court has been made in accordance with rule 12 of the 2000 Rules,

and that application or appeal has not been determined, the application or appeal is to be regarded for the purposes of these Rules as having been made in accordance with these Rules.

Directions etcU.K.

9.—(1) A direction, order or ruling given or made in a preliminary hearing by the judge advocate (within the meaning of 2000 Rules) has effect in related proceedings as if made in preliminary proceedings by the judge advocate for those proceedings.

(2) Proceedings are “related proceedings” in relation to a preliminary hearing if, had the hearing been preliminary proceedings, they would have been related proceedings in relation to those proceedings.

(3) A summons issued under 2000 Rules shall have effect as if issued under these Rules.