The Courts-Martial Appeal (Amendment) Rules 2005

Amendments to the Courts-Martial Appeal Rules 1968

4.  After rule 8 insert—

“Further applications to a judge or to the court: additional rules

8ZA.— (1) Where an appellant—

(a) makes a requisition under section 36(2) to have an application determined by the full court; or

(b) renews an application for the exercise of a power conferred by section 36A (powers under Part II which are exercisable by registrar);

then the period within which he must do so shall be 14 days next following the day on which he receives notice of the judge’s decision or the registrar’s decision, as appropriate, or such longer period as a judge of the court, the registrar or the court as appropriate, may fix and the period may be extended by a judge of the court, the registrar or the court as appropriate, before or after it expires:—

Provided that, if the appellant is a prisoner of war who has a protecting power, the said period shall not elapse earlier than 14 days next following the day on which he receives, from the officer commanding the prisoner of war camp or other place in which he is detained, notice that the protecting power has been notified of the decision.

(2) A requisition under section 36(2) to have an application determined by the full court or a renewal of an application under section 36A(2) shall be made by notice to the registrar.

(3) Where an appellant or the Defence Council, as appropriate, applies for procedural directions under section 36C (Appeals against procedural directions) then the period within which either the appellant or the Defence Council, as appropriate, must do so shall be 14 days next following the day on which he receives notice of the judge’s decision or the registrar’s decision, as appropriate, or such longer period as a judge of the court, the registrar or the court may fix and the period may be extended by a judge of the court, the registrar or the court before or after it expires:—

Provided that, if the appellant is a prisoner of war who has a protecting power, the said period shall not elapse earlier than 14 days next following the day on which he receives, from the officer commanding the prisoner of war camp or other place in which he is detained, notice that the protecting power has been notified of the decision.

(4) The general rule is that an application for an extension of the periods referred to in paragraphs (1) and (3) will be considered at the same time as the further application itself.

(5) Where—

(a) an appellant may renew to the full court an application for the exercise of a power conferred by section 36(1), but

(b) he does not do so within the period fixed by this rule or extended under it,

then his application shall be treated as having been refused by the full court.”.