http://www.legislation.gov.uk/uksi/2000/2372/contents/made

The Summary Appeal Court (Air Force) Rules 2000

Armed forces

Royal Air Force

Legal aid and advice

Legal representation

King's Printer of Acts of Parliament

2014-09-24

DEFENCE

These Rules regulate the practice and procedure to be followed in proceedings before the summary appeal court. The summary appeal court is established under section 83ZA of the Air Force Act 1955 (“the Act”), as inserted by section 14 of the Armed Forces Discipline Act 2000, to hear appeals against findings recorded and punishments awarded on summary dealing.

The Summary Appeal Court (Air Force) Rules 2000

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The Summary Appeal Court (Air Force) (Amendment) Rules 2004

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The Summary Appeal Court (Air Force) Rules 2000

rule 10

The Summary Appeal Court (Air Force) (Amendment) Rules 2004

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9(1)

The Summary Appeal Court (Air Force) Rules 2000

rule 23

The Summary Appeal Court (Air Force) (Amendment) Rules 2004

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9(2)

The Summary Appeal Court (Air Force) Rules 2000

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The Summary Appeal Court (Air Force) (Amendment) Rules 2004

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9(2)

The Summary Appeal Court (Air Force) Rules 2000

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The Summary Appeal Court (Air Force) (Amendment) Rules 2004

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The Summary Appeal Court (Air Force) Rules 2000

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The Summary Appeal Court (Air Force) (Amendment) Rules 2004

rules 8(1)

rules 8(2)

9(2)

The Summary Appeal Court (Air Force) Rules 2000

rule 60

The Summary Appeal Court (Air Force) (Amendment) Rules 2004

rules 8(1)

rules 8(3)

rules 8(4)

9(2)

The Summary Appeal Court (Air Force) Rules 2000

rule 2 defn(s)

The Summary Appeal Courts (Amendment) Rules 2005

rule 2(1)

(2)

The Summary Appeal Court (Air Force) Rules 2000

rules 29A–29C

The Summary Appeal Courts (Amendment) Rules 2005

rule 2(1)

(3)

The Summary Appeal Court (Air Force) Rules 2000

Sch 2

The Summary Appeal Courts (Amendment) Rules 2005

rule 3(1)

(3)

The Summary Appeal Court (Air Force) Rules 2000

Sch 2 Forms BC1–BC3 H1 H2

The Summary Appeal Courts (Amendment) Rules 2005

rule 3(4)

Sch 1

The Summary Appeal Court (Air Force) Rules 2000

rule 43A

The Summary Appeal Court (Air Force) (Amendment) Rules 2005

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The Summary Appeal Court (Air Force) Rules 2000

PART IGENERAL

1Citation and commencement

2Interpretation

3Service of documents

4Service by FAX or other means of electronic data transmission

5Summary appeal court sitting in camera or closed court

6Representation of appellant in proceedings on an appeal

7Qualifications to be held by legal representatives

PART IIBRINGING AND ABANDONMENT OF APPEALS

8Bringing of appeals

9Application for leave to extend time for appealing and for leave to bring an appeal out of time

10Determination of applications

11Notice of decision of the judge advocate on an application

12Application by the authority carrying out a review for leave to refer a case to the summary appeal court

13Determination of application for leave by the authority carrying out a review

14Hearings of applications

15Abandonment of appeals

PART IIIPROCEDURE ON THE BRINGING OF AN APPEAL

16Respondent to give notice of intentions on receipt of notice of appeal

17Uncontested appeals

18Respondent’s papers

19Service of additional evidence

20Witness not called by respondent

21Service of statement of relevant matters by respondent in an appeal against punishment

22Notification of the time and place for the hearing of an appeal

PART IVCONSTITUTION OF SUMMARY APPEAL COURT TO HEAR PARTICULAR APPEALS

23Officers qualified for membership of the summary appeal court

24Officers who are ineligible to hear particular appeals

25Waiting member

26Appointment of court officials

PART VEVIDENCE

27Rules of evidence etc.

28Admission of facts or matters contained in the respondent’s papers

29Evidence through television link etc.

30Witness summons

31Oaths and affirmations

PART VIMATTERS PRELIMINARY TO THE HEARING OF AN APPEAL

32Power of the summary appeal court to hear more than one appeal at the same time

33Preliminary hearings

34Preliminary hearing without notice to the appellant

35Matters capable of being dealt with at a preliminary hearing

36Preliminary hearings in chambers

37Presence at preliminary hearing by live TV link

PART VIIPRACTICE AND PROCEDURE OF THE SUMMARY APPEAL COURT IN RELATION TO THE HEARING OF AN APPEAL

38Sittings and adjournments

39Challenges by the appellant

40Interruption of hearing where a member of the court is unable to continue

41Refixing of postponed and interrupted hearings

42Procedure to be adopted where more than one appeal against finding

43Questions of practice and procedure not covered by the Act or the Rules

PART VIIIAPPEALS AGAINST FINDING

44Application of Part VIII

45Power of respondent to give notice that he no longer contests an appeal against finding

46Addresses to the court

47Provisions which are to apply where there are two or more appellants

48Additional evidence during the hearing of the appeal

49Expert evidence

50Exhibits

51Presence of witnesses

52Examination of witnesses

53Submission of no case to answer

54Finding that charge has not been proved after the close of the respondent’s case

55Witnesses for the appellant

56Evidence in rebuttal

57Deliberation on finding

58Record of decision of the court on finding

PART IXPRACTICE AND PROCEDURE RELATING TO THE POWERS OF THE COURT TO VARY PUNISHMENT AWARDED

59Application of Part IX

60Information to be provided by the respondent

61Determining disputes of fact

62Evidence on behalf of the appellant etc.

63Deliberation on punishment

PART XRECORD OF PROCEEDINGS

64Record of proceedings

PART XIAPPLICATION TO SUMMARY APPEAL COURT TO STATE CASE

65Application for case to be stated

66Procedure on stating a case

67Supplementary provisions relating to stating a case

SCHEDULES

Schedule 1Proper address

Schedule 2Forms

Schedule 3Evidence

Part IModifications to section 9 of the Criminal Justice Act 1967

Part IIModifications to sections 10 and 11 of the Criminal Justice Act 1967

Part IIIModifications to Parts VII and VIII of the Police and Criminal Evidence Act 1984

Schedule 4Witness summons

Schedule 5Oaths and affirmations

Part IManner of administering oaths and affirmations

Part IIForms of oaths

Part IIIForms of Scottish oaths

Part IVForm of solemn affirmation

2000 No. 2372

DEFENCE

The Summary Appeal Court (Air Force) Rules 2000

Made4th September 2000

Laid before Parliament7th September 2000

Coming into force2nd October 2000

The Secretary of State, in exercise of the powers conferred on him by sections 83ZA(6), 83ZC(2), 83ZF(3) and 83ZJ of the Air Force Act 19551, hereby makes the following Rules:—