The Armed Forces (Summary Appeal Court) Rules 2009

PART 8PRELIMINARY PROCEEDINGS

Listing of proceedings

43.  On receipt of the advance information, the court administration officer must—

(a)forward it to the Judge Advocate General and request him to–

(i)determine whether preliminary proceedings are necessary;

(ii)specify a judge advocate for proceedings in relation to the appeal; and

(b)appoint a time and place for the commencement of preliminary or appeal proceedings.

Listing of further preliminary proceedings

44.—(1) Where the Judge Advocate General has determined that preliminary proceedings are necessary, the court administration officer must appoint a time and place for further preliminary proceedings if so directed by—

(a)the judge advocate for any preliminary proceedings; or

(b)the Judge Advocate General.

(2) The judge advocate for any preliminary proceedings may give a direction under this rule—

(a)on the oral application of the Director or an appellant; or

(b)of his own motion.

(3) The Judge Advocate General may give a direction under this rule on the written application of the Director or an appellant.

(4) A written application for a direction under this rule—

(a)must be made to the court administration officer;

(b)must specify the reason for which further preliminary proceedings are required;

(c)must include an estimate of the likely length of the further preliminary proceedings; and

(d)subject to rule 45 (preliminary proceedings in chambers without notice), must be served on every other party to the proposed appeal proceedings.

Preliminary proceedings in chambers without notice to appellant

45.  On application by the Director, the judge advocate for any preliminary proceedings may direct that the proceedings are, or that any part of the proceedings is—

(a)where there is one appellant, to be held in his absence and without notice to him;

(b)where there are two or more appellants, to be held in the absence of both or all of them and without notice to any of them.

Outline of respondent’s case

46.  A judge advocate may direct the Director to serve on each appellant and the court administration officer, before any preliminary proceedings, an outline of the respondent’s case.

Powers of judge advocate

47.—(1) In preliminary proceedings the judge advocate may give such directions as appear to him to be necessary to secure the proper and efficient management of the appeal.

(2) Without prejudice to paragraph (1), the judge advocate may make an order or ruling on—

(a)any question as to the admissibility of evidence;

(b)any question as to the joinder or severance of charges; or

(c)any other question of law, practice or procedure relating to the appeal.

(3) Any direction given in preliminary proceedings shall have effect throughout any related proceedings unless varied or discharged by—

(a)the judge advocate who gave it; or

(b)the judge advocate for any related proceedings.

(4) Any order or ruling made in preliminary proceedings shall have effect throughout any related proceedings unless varied or discharged—

(a)by the judge advocate who made it; or

(b)by the judge advocate for any related proceedings.