The Court Martial Appeal Court Rules 2009

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe the practice and procedure to be followed in proceedings of the Court Martial Appeal Court. They replace the existing rules, with amendments following the enactment of the Armed Forces Act 2006 (c. 52) (“the 2006 Act”) and the Criminal Justice and Immigration Act 2008 (c. 4). Both of those Acts make amendments to the Courts-Martial (Appeals) Act 1968 (c. 20). That Act is renamed the Court Martial Appeal Act 1968 by the 2006 Act.

Part 2 of these Rules makes provision with regard to the service of documents on different people and sets out when service is deemed to have occurred depending upon the method of service.

Part 3 deals with general procedural matters, including applications for evidence to be given through live links (rule 14), rights of audience (rule 17) and qualifications of legal representatives (rule 18). Rule 15 provides that oaths and affirmations taken before the Court Martial Appeal Court are to be as prescribed by Schedule 1 to these Rules.

Part 4 deals with the securing of documents and exhibits and their provision to parties to proceedings before the court.

Part 5 makes provision for particular circumstances relating to the exercise of the court’s powers. Rule 24 sets out the procedures where a party requests the court to make a declaration of incompatibility with a Convention right under section 4 of the Human Rights Act 1998 (c. 42). Rule 25 applies where a case is referred to the court by the Criminal Cases Review Commission.

Part 6 sets out the form and procedure for appeals against orders or rulings made at preliminary proceedings of the Court Martial or against an order of that court prohibiting or restricting the publication of any matter or restricting public access to any proceedings of the Court Martial. Chapter 3 of Part 6 makes provision with respect to the powers of the court and the registrar in relation to appeals to which Part 6 applies. It does not do this for other appeals or references as equivalent provision for them is made in the Court Martial Appeal Act 1968 itself.

Part 7 sets out the form and procedure for appeals against a conviction, sentence, the making of a hospital order or a finding of insanity or unfitness to plead by the Court Martial. In particular, rules 47 and 48 set out the period in which a person must bring an appeal.

Part 8 makes provision for the bringing of appeals against decisions or procedural directions of the registrar or a single judge of the court.

Part 9 makes provision as to applications by the Attorney General to refer an unduly lenient sentence to the court under section 273 of the 2006 Act and the procedure for the disposal of such references.

Part 10 makes provision for the abandonment of an appeal or a ground of appeal.

Part 11 is concerned with the attendance and examination of witnesses and provides for witnesses to be examined other than before the court (rule 62).

Applications in relation to the Supreme Court are dealt with in Part 12. And Part 13 makes miscellaneous provisions relating to the court, including the enforcement of a duty under the Rules by order of the court (rule 68).

In Part 14 rule 69 revokes the previous court rules under the 1968 Act and gives effect to Schedule 4, which makes transitional provision.