The Armed Forces (Summary Appeal Court) Rules 2009

Interpretation: proceedings and parties

2.—(1) Unless otherwise stated, any reference in these Rules to proceedings includes—

(a) preliminary proceedings,

(b) appeal proceedings,

but does not include the exercise of any power of the court otherwise than at a hearing.

(2) In these Rules—

“ancillary proceedings” means proceedings under—

(a)

rule 16 for an extension of the initial period or an application for leave to appeal out of time; and

(b)

rule 17 for the consideration of a matter referred to the court by the reviewing authority under section 152(4) or (7);

“appeal proceedings” means proceedings for the hearing of an appeal under section 146;

“preliminary proceedings” means any proceedings of the court held for the purpose of giving directions, orders or rulings for the purpose of appeal or ancillary proceedings;

“related proceedings”, in relation to preliminary proceedings, means—

(a)

appeal proceedings in respect of any charge to which the preliminary proceedings relate; and

(b)

any further preliminary proceedings in relation to such appeal proceedings.

(3) References in these Rules to a party to any proceedings are to—

(a) a person to whom the proceedings relate (“the appellant”);

(b) the Director; and

(c) where the proceedings are for the hearing of an application (and the applicant is not a person to whom the proceedings relate), the applicant.

(4) References in these Rules to a person to whom proceedings relate are to—

(a) in the case preliminary or appeal proceedings, an appellant;

(b) in the case of a hearing under rule 89 (certification of contempt of court), the person whose offence the court is to consider certifying.

(5) In these Rules—

“the Director” means the Director of Service Prosecutions;

“appellant” means a person who brings an appeal under section 141 or on whose behalf a reviewing authority seeks leave to refer a finding or punishment to the court under section 152.