The Court Martial Appeal Court Rules 2009

PART 5 PARTICULAR CIRCUMSTANCES

Declaration of incompatibility with a Convention right

24.—(1) This rule applies where a party to proceedings to which these Rules apply—

(a) wants the court to make a declaration of incompatibility with a Convention right under section 4 of the 1998 Act(1); or

(b) raises an issue that the registrar thinks may lead the court to make such a declaration.

(2) The registrar must serve notice on—

(a) the relevant person named in the list published under section 17(1) of the Crown Proceedings Act 1947(2); or

(b) the Treasury Solicitor, if it is not clear who is the relevant person.

(3) That notice must include or attach details of—

(a) the legislation affected by the Convention right concerned;

(b) the parties to the appeal; and

(c) any other information or document that the registrar thinks should be included.

(4) A person who has a right under the 1998 Act to become a party to the appeal must—

(a) serve notice on—

(i) the registrar, and

(ii) the other parties,

if that person wants to exercise that right; and

(b) in that notice—

(i) indicate the conclusion that that person invites the court to reach on the question of incompatibility; and

(ii) identify each ground for that invitation, concisely outlining the arguments in support.

(5) The court must not make a declaration of incompatibility—

(a) fewer than 21 days after the registrar serves notice under paragraph (2); and

(b) without giving any person who serves a notice under paragraph (4) an opportunity to make representations at a hearing.

Reference by the Commission

25.—(1) This rule applies where under section 12A of the 1995 Act(3) the Commission refers a person’s conviction or sentence, or a finding by the Court Martial in relation to a person, to the court.

(2) The registrar must, within 28 days of receipt of such a reference, serve a copy of the reference on the person and the Director.

Reference of a question to a special commissioner

26.—(1) An order made under section 30(1) that a question arising on an appeal be referred to a special commissioner—

(a) must specify the question to be referred and the person appointed to act as the special commissioner; and

(b) may require that person to make interim reports to the court from time to time.

(2) The court may order that copies of any report made by a special commissioner shall be furnished to the appellant and any other party to the appeal.

(1)

Section 4 was amended by section 378 of, and paragraph 156 of Schedule 16 to, the 2006 Act.

(2)

1947 c. 44.

(3)

Section 12A is inserted by section 321 of, and paragraph 2 of Schedule 11 to, the 2006 Act with effect on 31st October 2009. By virtue of section 12A(3) and (6) of the 1995 Act a reference to the court by the Commission shall be treated as an appeal under section 8 of the 1968 Act.