The Courts-Martial (Royal Navy) Rules 2007

PART 12 REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

The petition

85.—(1) The period within which an accused may present a petition against finding or sentence or both in accordance with section 70(1) of the Act shall be 28 days following the day on which sentence is announced.

(2) A petition presented in accordance with section 70(1) of the Act shall be in writing and signed by the accused, or on his behalf by his legal representative.

(3) A petition addressed to the Defence Council shall be treated as having been presented to the Defence Council if it is presented by the petitioner—

(a) to the court administration officer; or

(b) where the petitioner is—

(i) in custody or detention in any civil prison or institution, to the governor of the prison or institution;

(ii) detained in any military or air force establishment or in naval detention quarters, to the commandant of the establishment or quarters.

(4) A person to whom a petition is presented under paragraph (3)(b) shall transmit it to the court administration officer immediately upon receipt.

Reasons

86.  Where the reviewing authority completes a review in accordance with section 70 of the Act, it shall—

(a) if a petition has been presented in accordance with section 70(1) of the Act, or

(b) if it exercises any of its powers under section 71 of the Act,

give reasons for its decision.