The Court Martial Appeal Court Rules 2009 No. 2657

PART 7 APPEALS AGAINST CONVICTION, SENTENCE, FINDING OF INSANITY OR UNFITNESS TO PLEAD OR HOSPITAL ORDER

Applicability of this Part

45.—(1) This Part, except rule 51, applies where an individual wants to appeal under section 8, 21, 24 or 25A.

(2) Rule 51 applies where—

(a) the Commission refers a conviction, sentence or a finding by the Court Martial to the court under section 12A of the 1995 Act;

(b) the Judge Advocate General or the Secretary of State refers a finding, or the Secretary of State refers a sentence, to the court under section 34.

(3) In this Part (except rule 51)—

“appellant” means the individual who wants to appeal under section 8, 21, 24 or 25A;

“appeal notice” means the application to the court for permission to appeal required under section 9(1);

“respondent” means a person who serves a respondent’s notice.