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The Armed Forces (Court Martial) Rules 2009

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PART 16APPELLATE PROCEEDINGS

Notice of appeal

125.  (1)  An appeal under section 285 (appeals from the SCC) shall be brought by serving a written notice of appeal on the court administration officer.

(2) The court administration officer shall serve the notice on the Director.

Extension of initial period

126.  (1)  An application under section 285(3)(b) (extension of initial period for appeal) shall be made in writing to the court administration officer.

(2) The court administration officer shall forward the application to the Judge Advocate General and the Director.

Leave to appeal out of time

127.  (1)  An application for leave under section 285(4) (leave to appeal out of time) shall be made in writing to the court administration officer.

(2) Such an application must—

(a)state why the applicant did not appeal within the initial period (within the meaning of section 285); and

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

(3) The court administration officer shall forward the application to the Judge Advocate General and the Director.

(4) The Judge Advocate General may—

(a)grant the application;

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

(c)direct a hearing of the application.

(5) 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.

(6) Where the applicant is given notice under paragraph (5), the application shall be treated as dismissed unless the applicant gives notice in writing to the court administration officer, before the end of the period of 14 days beginning with the date of the notice under paragraph (5), that he requires a hearing of the application.

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

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

(b)the applicant requires a hearing under paragraph (6).

(8) A hearing of the application shall be before a judge advocate specified by the Judge Advocate General.

(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) Where, if the application were granted, section 286(5) would prohibit the Judge Advocate General from being a member of the court hearing the appeal, references to the Judge Advocate General in paragraphs (4) to (8) are to be read as references to the Vice Judge Advocate General.

Application of Act and Rules to appellate proceedings

128.  (1)  In relation to appellate proceedings, references in Part 7 of the 2006 Act to a defendant are to be read as references to an appellant.

(2) In relation to an appeal against conviction, Part 8 (preliminary proceedings) shall apply as it applies in relation to a charge allocated for Court Martial trial, with the following modifications—

(a)rule 45 (listing of initial preliminary proceedings) shall not apply, and the appellant shall not be re-arraigned on the charge on which he was convicted;

(b)rule 46 (listing of further preliminary proceedings) shall apply as if the word “further” were omitted wherever it appears; and

(c)any reference to the trial proceedings is to be read as a reference to the appellate proceedings.

(3) In relation to appellate proceedings on an appeal against conviction, Parts 11 to 13 shall apply as they apply in relation to trial proceedings.

(4) In Parts 8 and 11 to 13 as they apply by virtue of this rule—

(a)references to a defendant are to be read as references to an appellant;

(b)references to the date on which a charge was brought are to be read as references to the date on which notice of appeal was given.

(5) Where two or more defendants were convicted in the same proceedings by the Service Civilian Court and both or all of them appeal against conviction, their appeals shall be heard together.

Abandonment of appeal

129.  Where—

(a)an appellant fails to appear before the court at the time appointed for the commencement or resumption of the appellate proceedings, and

(b)the judge advocate considers that there is no reasonable explanation for the failure to appear,

the judge advocate may direct that the appeal be treated as abandoned.

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