Rule 9 Changing the time fixed for a hearingI1

United Kingdom

(1)

Subject to paragraph (3), at any time before the hearing the commanding officer may fix a different time for the hearing.

(2)

Subject to paragraphs (3) and (4), if after the commanding officer fixes a time for the hearing—

(a)

he makes an application under any of rules 5(2), 6(1) and 7(1), or

(b)

the accused, 24 hours or less before the time fixed, requests the commanding officer’s assistance in finding a person to nominate under rule 10(1),

the commanding officer shall cancel the time fixed and fix a different time for the hearing.

(3)

Where a different time is fixed for a hearing—

(a)

it shall be fixed in accordance with rule 8(4) to (6); and

(b)

the commanding officer shall notify the accused of it in writing.

(4)

Where the commanding officer fixes a different time for the hearing by virtue of paragraph (2)(b), the time fixed shall be not less than 24 hours after he has complied with rule 10(5).

Annotations

Commencement

I1: Rule 9 in force at 31.10.2009, see rule 1