The Summary Appeal Court (Navy) Rules 2000

Abandonment of appeals

15.—(1) A person may abandon an appeal under section 52FK of the Act (whether wholly or in part) at any time prior to its determination.

(2) Where an appellant exercises the right conferred on him by paragraph (1) prior to the hearing of the appeal, he shall do so by serving notice on the court administration officer in the form set out in Schedule 2 (referred to in this rule as “the notice of abandonment”).

(3) The court administration officer shall serve a copy of the notice of abandonment on—

(a) the prosecuting authority;

(b) the appellant’s commanding officer;

(c) the Chief Naval Judge Advocate;

(d) where the appeal falls to be considered by the court on a reference made under section 71B(5A) or (5B) of the Act by the authority carrying out a review under that section, that authority; and

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

(4) Where the notice of abandonment relates to the whole of any appeal under section 52FK of the Act, the appeal shall be treated for the purposes of section 85A(4)(b) and (5) of the Act(1) (commencement of sentences of detention) as having been determined on the date on which the copy of the notice is received by the appellant’s commanding officer in accordance with paragraph (3).

(1)

Section 85A was inserted by the Armed Forces Discipline Act 2000 (c. 4), Schedule 3, paragraph 11.