Abandonment of appeals
15.—(1) A person may abandon an appeal under section 83ZE 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 Judge Advocate General; and
(d)where the appeal falls to be considered by the court on a reference made under section 115(5A) or (5B) of the Act by the authority carrying out a review under that section, that authority.
(4) Where the notice of abandonment relates to the whole of any appeal under section 83ZE of the Act, the appeal shall be treated for the purposes of section 118ZA(3)(b) and (4) 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).
Section 118ZA was inserted by the Armed Forces Discipline Act 2000 (c. 4), Schedule 3, paragraph 9.