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The Court Martial Appeal Court Rules 2009

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This is the original version (as it was originally made).

PART 13MISCELLANEOUS PROVISIONS

Notifying results of an appeal, etc

65.—(1) On the determination of an appeal to the court or any application to the court relating to such an appeal, including an application for permission to appeal to the Supreme Court, the registrar must, unless it appears to him unnecessary to do so, give written notice of the determination to the appellant and any other party to the appeal and the custodian of any person who is in custody.

(2) In the case of a declaration of incompatibility under section 4 of the 1998 Act, the declaration must be served on—

(a)all the parties to the proceedings; and

(b)where a Minister of the Crown has not been joined as a party, the person on whom notice has been served under rule 24(2).

Register and cause list

66.—(1) The registrar must keep a register of all cases in which he receives notice of an application for permission to appeal under the 1968 Act and must cause the register to be open for public inspection in such place and at such hours as he, with the approval of the court, directs.

(2) The registrar must also prepare a list of appeals and applications which the court may consider on the days on which the court, as constituted for the hearing and determination of appeals under the Act, is to sit, and must cause such list to be published at such times, in places and in such a manner as he, subject to the approval of the court, thinks convenient for giving due notice to any parties interested.

Non-compliance with Rules

67.—(1) The court may direct that failure to comply with these Rules by an appellant shall not prevent further proceedings in relation to the appeal.

(2) The registrar must as soon as practicable notify a party to the proceedings of any directions given by the court under this rule, where neither that party nor his legal representative was present at the time when such directions were given.

Enforcement of duties

68.  The performance of any duty imposed upon any person by or under the 1968 Act or these Rules may be enforced by order of the court.

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