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39.—(1) Unless the court directs otherwise, the court must hear in public an application or appeal.
(2) Where a hearing relates to a public interest order that hearing must be in private unless the court otherwise directs.
(3) Where an appellant wants to appeal against an order (including directions) of the Court Martial restricting the access of the public to the whole or part of any proceedings of the Court Martial, the court—
(a)may decide without a hearing—
(i)an application, including an application for permission to appeal, and
(ii)an appeal; but
(b)must announce its decision on such an appeal at a hearing in public.
(4) A judge of the court or the registrar may exercise any of his powers under Chapter 1 or 2—
(a)at a hearing in public, in private or in the absence of a party and his legal representative; or
(b)without a hearing.
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