The Court Martial (Prosecution Appeals) Order 2009

Determination by full court

26.—(1) Where a single judge has refused an application to exercise any of the powers specified in article 24(1), the party making the application may have it determined by the Court Martial Appeal Court by serving a written notice of renewal.

(2) A notice of renewal shall—

(a) be served on the registrar within ten days of the day on which notice of the single judge’s decision is served on the party making the application;

(b) specify the applications that the party wishes to have determined by a full court; and

(c) a notice of renewal must be signed by, or on behalf of, the person making the application.

(3) The Court Martial Appeal Court may extend the period for service under paragraph (2) either before or after it expires.

(4) If the notice is not signed by the party making the application and that party is in custody, the registrar shall, as soon as practicable after receiving the notice, send a copy of it to that party.

(5) If the notice of renewal is not served on the registrar within the period specified in paragraph (2) or such extended period as the Court Martial Appeal Court has allowed under paragraph (3), the application shall be treated as having been refused by the court.