Article 3 Grant of bail by a judge advocate
This article applies to the grant of bail to a person pending—
in the case of a person sentenced by the Summary Appeal Court, the determination of an appeal to the High Court under section 149(2) of the 2006 Act; or
in the case of a person sentenced by the Service Civilian Court, the determination of an appeal to the Court Martial.
Subject to article 4, a judge advocate may, if he thinks fit—
grant an appellant bail pending the determination of his appeal;
revoke bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a); or
vary conditions of bail granted to an appellant in the exercise of the power conferred by sub-paragraph (a).
The powers conferred by paragraph (2) may be exercised—
on the application of the appellant or, in the case of the powers conferred by paragraph (2)(b) and (c), of the Director of Service Prosecutions or a surety;
on a reference to a judge advocate by the court administration officer;
only within 28 days from—
the date of the conviction which is the subject of the appeal;
in the case of appeal against sentence, the date on which the sentence was passed.
If a judge advocate grants an appellant bail under paragraph (2), he may direct him to appear at such time and at such place as the judge advocate may require.
It shall be a condition of any grant of bail to a person referred to in paragraph (1)(a) that, unless an application for a case to be stated has previously been served in accordance with rules made under section 151 of the Armed Forces Act 2006, such an application shall be so lodged within the period specified in the grant of bail.
It shall be a condition of any grant of bail to a person referred to in paragraph (1)(b) that, unless a notice of appeal has previously been lodged in accordance with rules made under section 163 of the Armed Forces Act 2006, such a notice shall be so lodged within the period specified in the grant of bail.