The Armed Forces (Court Martial) Rules 2009

Variation or revocation of order for recognizance

150.—(1) An application to the court under section 235(4) for the variation or revocation of an order for a service parent or guardian to enter into a recognizance—

(a) shall be made in writing to the court administration officer;

(b) shall specify whether the applicant wishes the court—

(i) to revoke the order; or

(ii) to vary the order, and if so how; and

(c) shall specify the grounds on which it is made.

(2) The court administration officer shall forward the application to the judge advocate for the proceedings in which the order was made.

(3) The judge advocate may—

(a) vary or revoke the order;

(b) dismiss the application; or

(c) direct a hearing of the application.

(4) Where, without a hearing, the judge advocate varies or revokes the order or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate’s decision.

(5) Where the judge advocate directs a hearing of the application, the court administration officer shall notify the applicant of the time and place appointed for the hearing.

(6) In this rule “the order” means the order under section 233 as respects which the application is made.