The Summary Appeal Court (Navy) Rules 2000

PART IVCONSTITUTION OF SUMMARY APPEAL COURT TO HEAR PARTICULAR APPEALS

Officers qualified for membership of the summary appeal court

23.—(1) Subject to section 52FH of the Act and rule 24, a military or air-force officer falling within paragraph (2) shall be qualified under that section for membership of the court for the purposes of hearing an appeal if the court administration officer considers that the necessary number of naval officers so qualified is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.

(2) A military or air-force officer falls within this paragraph if he is of corresponding rank to that required of a naval officer and has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than three years or for periods amounting in the aggregate to not less than three years.

(3) An officer specified under this rule to sit as a member of the court for the hearing of an appeal shall not preside at the hearing.

(4) In this rule—

“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air force law; and

“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law.

Officers who are ineligible to hear particular appeals

24.  An officer shall not be eligible to sit as a member of the court for the purposes of hearing an appeal (although otherwise qualified under section 52FH of the Act or rule 23) if—

(a)he has been the appellant’s commanding officer at any time between—

(i)the date on which any offence to which the appeal relates was reported to the appellant’s commanding officer under section 52B(1) of the Act, and

(ii)the date of the hearing of the appeal;

(b)he was the higher authority to whom any charge to which the appeal relates was referred under section 52B(5) of the Act;

(c)as higher authority, he approved or otherwise consented to any punishment awarded in respect of any charge to which the appeal relates;

(d)he has at any time investigated the subject matter of any charge to which the appeal relates;

(e)he has at any time held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of any charge to which the appeal relates.

Spare members

25.  The court administration officer shall specify 2 persons, who are qualified for membership of the court under section 52FH of the Act or rule 23, to be reserve members of the court for the purposes of hearing the appeal (referred to in these Rules as “spare members”).

Appointment of court officials

26.  The court administration officer may at any time appoint a person or persons to act as—

(a)the clerk of the court;

(b)court recorder;

(c)officer of the court;

(d)interpreter,

at a hearing before the court (including a hearing before a judge advocate sitting alone).