The Summary Appeal Court (Navy) Rules 2000

Representation of appellant in proceedings on an appeal

6.—(1) Subject to rule 7, a person bringing an appeal under section 52FK of the Act—

(a) shall have the right to be legally represented at a hearing before the court (including a preliminary hearing);

(b) may appoint a person (referred to in these Rules as his “legal adviser”) to act for him in connection with the conduct of the proceedings on the appeal.

(2) The appellant’s commanding officer shall secure that the appellant is afforded reasonable opportunity of communicating with his legal adviser for the purposes of preparing his case on the appeal.

(3) Without prejudice to paragraph (1)(a), where paragraph (4) applies, any right conferred or duty imposed by these Rules on the appellant may be exercised or, as the case may be, performed by his legal adviser on his behalf.

(4) This paragraph applies where a legal adviser appointed under this rule serves notice on the court administration officer specifying—

(a) his name and address;

(b) the name and, where applicable, the rank, service number and (as the case may be) ship, naval establishment or unit of the person in respect of whom he is acting; and

(c) the proceedings before the court in connection with which he has been appointed.

(5) Where the appellant revokes his legal adviser’s appointment, he shall as soon as reasonably practicable serve notice on the court administration officer and his commanding officer of that fact.