Article 46 Application for permission to appeal

(1)

The appeal notice must be in the form set out in Schedule 2 and must—

(a)

include the required information;

(b)

state the name of the judge advocate in the proceedings of the Court Martial;

(c)

state and give the date of—

(i)

the conviction, verdict, or finding,

(ii)

the sentence, F1...

F2(iia)

decision on review of sentence under section 304D or 304E of the 2006 Act, or

(iii)

the order,

about which the appellant wants to appeal;

(d)

state each ground of appeal on which the appellant relies, numbering them consecutively (if there is more than one), and concisely outlining each argument in support;

(e)

identify the transcript that the appellant thinks the court will need, if the appellant wants to appeal against a conviction;

(f)

identify the relevant sentencing powers of the Court Martial, if sentencing is in issue;

(g)

where the Commission refers a case to the court, explain how each ground of appeal relates (if it does) to the reasons for the reference;

(h)

summarise the relevant facts;

(i)

identify any authorities the appellant considers relevant;

(j)

include or attach any application for the following, with reasons—

(i)

permission to appeal, if the appellant needs the court's permission;

(ii)

an extension of time within which to serve the appeal notice M1;

(iii)

permission to adduce evidence, including hearsay evidence and evidence of bad character;

(iv)

an order requiring a witness to attend court;

(k)

state whether the appellant wishes to be present when the court considers the appeal;

(l)

identify any other document or thing that the appellant thinks the court will need to decide the appeal.

(2)

If the appellant wants the court to make an order for the attendance of a witness the following information must be attached to the appeal notice—

(a)

the name and address of the witness if known to the appellant;

(b)

whether the witness was examined by the Court Martial;

(c)

if the witness was not examined by the Court Martial, the reasons why not, if known to the appellant; and

(d)

a summary of the evidence the appellant expects the witness to give.

(3)

An attachment to the appeal notice must also—

(a)

contain any application to be made to the court for a declaration of incompatibility under section 4 of the 1998 Act; or

(b)

specify any issue for the court to decide which may lead to the court making such a declaration.

(4)

The appeal notice must be signed by the appellant or his legal representative.

Annotations

Textual amendments

F1: Word in rule 46(1)(c)(ii) omitted (20.11.2024) by virtue of The Court Martial Appeal Court (Amendment) Rules 2024 (S.I. 2024/1060), rules 1(2), 8(a)
F2: Rule 46(1)(c)(iia) inserted (20.11.2024) by The Court Martial Appeal Court (Amendment) Rules 2024 (S.I. 2024/1060), rules 1(2), 8(b)

Marginal citations

M1: Section 9(3) of the 1968 Act provides that the court may extend the period within which an application for leave to appeal under section 9 must be made. Sections 36 and 36A of the 1968 Act provide that that power to extend the period may be exercised by a judge of the court or the registrar.

Notes on Part 7

Textual amendments

F1: Words in Pt. 7 heading inserted (20.11.2024) by The Court Martial Appeal Court (Amendment) Rules 2024 (S.I. 2024/1060), rules 1(2), 6