The Summary Appeal Court (Army) Rules 2000

Interpretation

2.—(1) In these Rules—

“the Act” means the Army Act 1955;

“the court” means the summary appeal court established under section 83ZA of the Act;

“the court administration officer” means the person appointed to be the court administration officer for the court in accordance with section 83ZA of the Act;

“judge advocate” means a judge advocate appointed under section 83ZB of the Act;

“the judge advocate”, in relation to the hearing of an appeal under section 83ZE of the Act, means the judge advocate specified to hear the appeal in accordance with section 83ZD(1)(a) and (3) of the Act;

“proper address”, in relation to any person, shall be construed in accordance with rule 3(2) and Schedule 1;

“Record of Summary Dealing” shall have the meaning assigned to it by rule 8(4).

(2) Where these Rules provide for the jurisdiction of the court to be exercised by a judge advocate sitting alone, the judge advocate who is to exercise the jurisdiction of the court in a particular case shall be specified by or on behalf of the Judge Advocate General.

(3) In these Rules, the expression “commanding officer” in relation to any person means—

(a)where the person is subject to military law, such officer as would be determined by regulations of the Defence Council under section 82(1) of the Act as the commanding officer of that person if that person were charged with an offence under the Act;

(b)where the person has ceased to be subject to military law (except to the extent that he is treated as being so subject by virtue of section 131 of the Act), the officer for the time being in command of the unit to which that person belonged immediately before he ceased to be subject to military law;

(c)where the person was dealt with summarily for the offence to which the appeal or proposed appeal relates because at the material time he was a person to whom Part II of the Act applied by virtue of section 209 of the Act—

(i)the officer who exercised the functions of the commanding officer under section 76 of the Act in relation to the offence; or

(ii)where that officer no longer holds the post which he held when exercising those functions, the officer who for the time being holds that post.