The Armed Forces (Summary Appeal Court) Rules 2009

Application by the reviewing authority

17.—(1) An application for leave to refer a finding or punishment to the court under–

(a) section 152(4) (as on appeal), or

(b) section 152(7) (referral of new matters after appeal hearing),

shall be made in writing to the court administration officer.

(2) Such an application must—

(a) state why the reviewing authority considers it appropriate that the court consider an appeal; and

(b) be accompanied by any other documents the reviewing authority considers relevant to the determination of the application.

(3) The court administration officer shall forward the application to the Judge Advocate General, the Director, the appellant and the commanding officer.

(4) The reviewing authority may withdraw an application at any time before the determination of the application for leave by giving notice in writing to the court administration officer.

(5) The Judge Advocate General may—

(a) grant the application;

(b) inform the court administration officer that he is minded to dismiss the application without a hearing; or

(c) direct a hearing of the application.

(6) Where the Judge Advocate General is minded to dismiss the application without a hearing, the court administration officer shall notify the reviewing authority, the appellant and the commanding officer in writing of that fact.

(7) Where the reviewing authority and the appellant are given notice under paragraph (6), the application shall be treated as dismissed unless the reviewing authority gives notice in writing to the court administration officer, or the appellant gives notice in writing to his commanding officer, as the case may be, before the end of the period of 14 days beginning with the date of the notice under paragraph (6), that he requires a hearing of the application.

(8) Where an appellant has given notice to his commanding officer under paragraph (7) the commanding officer must forward any such notice to the court administration officer and the Director.

(9) There shall be a hearing of the application if—

(a) the Judge Advocate General directs a hearing; or

(b) the reviewing authority or the appellant requires a hearing under paragraph (7).

(10) A hearing of the application shall be before a judge advocate.

(11) At a hearing of the application—

(a) the reviewing authority and appellant may address the judge advocate; and

(b) the Director may, with leave, address the judge advocate.

(12) The court administration officer shall serve notice of any decision to grant or refuse an application under this rule on—

(a) the reviewing authority;

(b) the appellant;

(c) the Director; and

(d) the commanding officer.