The Court Martial Appeal Court (Bail) Order 2009

Grant of bail by the Court

3.—(1) Subject to article 4, the Court may, if they think fit—

(a) grant an appellant bail pending the determination of his appeal;

(b) revoke bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a); or

(c) vary conditions of bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a).

(2) The powers conferred by paragraph (1) may be exercised—

(a) on the application of the appellant or, in the case of the powers conferred by paragraph (1)(b) and (c), of the Director of Service Prosecutions or a surety; or

(b) on a reference to the Court by the registrar.

(3) The powers conferred by paragraph (1) may, subject to paragraph (4), be exercised by any judge of the Court.

(4) If under paragraph (3) a single judge refuses an application on the part of an appellant to exercise in his favour any of the powers under paragraph (1), the appellant shall be entitled to have the application determined by the Court as duly constituted for the purpose under section 5 of the Court Martial Appeals Act 1968(1).

(1)

Section 5 was substituted by the Supreme Court Act 1981 (c. 54), section 145(4).