{
  "url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/article-31",
  "json_url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/article-31.json",
  "legislation": "uksi/2009/1098",
  "legislation_title": "The Armed Forces (Custody Proceedings) Rules 2009",
  "legislation_url": "https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009",
  "path": "article/31",
  "kind": "article",
  "number": "31",
  "heading": "Requirement for a hearing",
  "text": "(1) This rule applies to reviews carried out under sections 108(1), 110(4), 111(4) or 171(2).\n(2) A review shall be carried out at a hearing if—\n(a) it is the first review in relation to the accused;\n(b) it has been requested under section 108(2)(b); or\n(c) it is a review carried out at any time after the commencement of the accused’s trial by the Court Martial or the Service Civilian Court and before the announcement of that court’s finding on every charge against the accused, other than during an adjournment.\n(3) In any other case, a review shall be carried out at a hearing unless—\n(a) a judge advocate is satisfied on the basis of the representations made by the commanding officer under rule 32 that the grounds on which the order made under section 105(2) continue to exist;\n(b) the accused has not made representations under rule 32 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and\n(c) a judge advocate is satisfied that there is no other cause for carrying out the review at a hearing.\n(4) A judge advocate shall not on a review impose any requirements under section 107(3) unless the review is carried out at a hearing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/1098/article/31",
    "retrieved_at": "2026-10-29T03:12:41.284954+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}