The Court Martial (Prosecution Appeals) Order 2009

Public interest rulings

21.—(1) This article applies where a public interest ruling is the subject of an appeal or application for leave to appeal.

(2) In any appeal or application for leave to appeal against a public interest ruling, the Director need not describe the material that is the subject of the ruling in the notice of appeal or application for leave to appeal under article 18.

(3) Where the Director has reason to believe that to reveal to the accused or any interested party the category of material that is the subject of the public interest ruling would have the effect of disclosing that which the Director considers should not be disclosed, the Director need not describe the category of the material in the notice of appeal or application for leave to appeal under article 18.

(4) Where the Director has reason to believe that to reveal to the accused or to any interested party the fact that a public interest ruling has been made would have the effect of disclosing that which the Director considers should not be disclosed the Director need not serve a notice of appeal or application for leave to appeal on the accused or any interested party as otherwise required under article 18(1), unless the Court Martial Appeal Court otherwise directs.

(5) Where the Director has taken any of the measures set out in paragraphs (2), (3) and (4) the notice of appeal or application for leave to appeal served on the registrar under article 18(1)(a) must be accompanied by a confidential annex indicating that the measure or measures have been taken and giving the Director’s reasons for taking them.

(6) Where the Director has taken any of the measures set out in paragraph (4), the accused shall not be entitled to be present in person at the hearing by the Court Martial Appeal Court of the appeal or application for leave to appeal, or appear by way of live link, unless the Court Martial Appeal Court otherwise directs.

(7) The court administration officer shall not provide a transcript of the ruling which is the subject of the proposed appeal to the accused or any interested party unless and until the Director has served a notice of appeal or application for leave to appeal on that person.

(8) A transcript provided by the court administration officer to an accused or interested party shall not describe or disclose—

(a) the material that is the subject of the ruling, or

(b) the category of that material,

save to the extent that the Director has described that material or category of material in the notice of appeal or application for leave to appeal served on that accused or interested party.