The Summary Appeal Court (Navy) Rules 2000

Uncontested appeals

17.—(1) Where the respondent gives notice under rule 16(1) that he does not intend to contest an appeal, the court shall quash the finding against which the appeal is brought.

(2) Where any punishment awarded relates to one or more findings—

(a) each of which is the subject of an appeal, and

(b) in respect of each of which the respondent has given notice under rule 16(1) that he does not intend to contest the appeal,

the powers of the court under section 52FM of the Act with respect to each of the findings and the punishment shall be exercised by a judge advocate sitting alone; and any decision of the judge advocate in exercise of those powers shall be recorded in writing and dated and signed by him.

(3) The court administration officer shall serve a copy of any decision of the judge advocate under this rule on—

(a) the appellant;

(b) the appellant’s commanding officer;

(c) the respondent; and

(d) where the punishment awarded in respect of the charge to which the appeal relates was approved by higher authority in accordance with regulations made under section 52F of the Act, that authority.