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The Armed Forces (Court Martial) Rules 2009

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This is the original version (as it was originally made).

Leave to appeal out of time

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127.—(1) An application for leave under section 285(4) (leave to appeal out of time) shall be made in writing to the court administration officer.

(2) Such an application must—

(a)state why the applicant did not appeal within the initial period (within the meaning of section 285); and

(b)be accompanied by the proposed notice of appeal.

(3) The court administration officer shall forward the application to the Judge Advocate General and the Director.

(4) The Judge Advocate General may—

(a)grant the application;

(b)inform the court administration officer that he is minded to dismiss the application without a hearing; or

(c)direct a hearing of the application.

(5) Where the Judge Advocate General is minded to dismiss the application without a hearing, the court administration officer shall notify the applicant in writing of that fact.

(6) Where the applicant is given notice under paragraph (5), the application shall be treated as dismissed unless the applicant gives notice in writing to the court administration officer, before the end of the period of 14 days beginning with the date of the notice under paragraph (5), that he requires a hearing of the application.

(7) There shall be a hearing of the application if—

(a)the Judge Advocate General directs a hearing; or

(b)the applicant requires a hearing under paragraph (6).

(8) A hearing of the application shall be before a judge advocate specified by the Judge Advocate General.

(9) At a hearing of the application—

(a)the applicant may address the judge advocate; and

(b)the Director may, with leave, address the judge advocate.

(10) Where, if the application were granted, section 286(5) would prohibit the Judge Advocate General from being a member of the court hearing the appeal, references to the Judge Advocate General in paragraphs (4) to (8) are to be read as references to the Vice Judge Advocate General.

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