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The Court Martial (Prosecution Appeals) Order 2009

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Powers exercisable by the registrar

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25.—(1) The following powers may be exercised by the registrar in the same manner as they may be exercised by the Court Martial Appeal Court and subject to the same provisions—

(a)to extend, under article 18(3), the time for service of the notice of appeal or of an application for leave to appeal; and

(b)to extend, under article 19(3), time for service of the accused’s response.

(2) Where the registrar exercises one of the powers specified in paragraph (1), he must serve notice of his decision on—

(a)the Director;

(b)the accused;

(c)any interested party; and

(d)the court administration officer.

(3) Where the registrar has refused an application to exercise any of the powers specified in paragraph (1), the party making the application may have it determined by a single judge by serving a written notice of renewal.

(4) A notice of renewal shall—

(a)be served on the registrar within ten days of the day on which notice of the registrar’s decision is served on the party making the application;

(b)specify the applications that the party wishes to have determined by a single judge; and

(c)a notice of renewal must be signed by, or on behalf of, the person making the application.

(5) If the notice is not signed by the party making the application and that party is in custody, the registrar shall, as soon as practicable after receiving the notice, send a copy of it to that party.

(6) If the notice of renewal is not served on the registrar within the period specified in paragraph (4), the application shall be treated as having been refused by the single judge.

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