Article 74N Variation or discharge of special measures directionF1

(1)

A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.

(2)

A judge advocate may exercise the power conferred by paragraph (1)—

(a)

on an application made by a party to the proceedings; or

(b)

of the judge advocate’s own motion.

(3)

An application under this rule must be made in writing to the court administration officer, unless—

(a)

a judge advocate gives leave for it to be made orally; or

(b)

paragraph (8) applies.

(4)

A copy of a written application under this rule must be served on each other party to the proceedings.

(5)

Where a written application has been made under this rule, a judge advocate may—

(a)

grant the application without a hearing; or

(b)

direct a hearing.

(6)

But the application may not be granted without a hearing unless—

(a)

at least 14 days have elapsed since the application was served on each other party to the proceedings; and

(b)

no other party has served notice on the court administration officer that he opposes the application.

(7)

Rule 74L(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.

(8)

Where the direction was made on the application of an appellant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.

(9)

A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.

(10)

In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.

Annotations

Textual amendments

F1: Pt. 11 Ch. 7 inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 6