The Court Martial Appeal Court Rules 2009

References by the Commission, the Judge Advocate General or the Secretary of State

51.—(1) The registrar must serve—

(a) on the person whose conviction or sentence the Commission refers to the court under section 12A of the 1995 Act, or on the person in relation to whom the finding was made that the Commission refers under that section, a copy of the reference;

(b) on the person with respect to whose—

(i) conviction the Judge Advocate General or the Secretary of State makes the reference of a finding under section 34, or

(ii) sentence the Secretary of State makes the reference of a sentence under section 34,

a copy of the reference; and

(c) on any other person directly affected by a reference referred to in sub-paragraph (a) or (b).

(2) Rule 49, and so far as it relates to a respondent’s notice, rule 50 shall apply with respect to a reference within paragraph (1)(a) or (b), as if in that rule 49—

(a) “appeal” means the appeal which by virtue of section 34 or of section 12A of the 1995 Act, the reference to the court is to be treated as being;

(b) “appeal notice” means the reference to the court; and

(c) any reference to the appellant were a reference to whichever of the Commission, the Judge Advocate General or the Secretary of State made the reference to the court.