Article 3 Amendments to the Courts-Martial Appeal Rules 1968

For rule 8 substitute—

“Exercise of Court’s powers to give leave to appeal, etc: general rules

8.

(1)

This rule and rule 8ZA apply when a single judge or the registrar exercises a power conferred by one of the following sections of the Act—

(a)

Section 36 (Powers under Part II which are exercisable by single judge);

(b)

Section 36A (Powers under Part II which are exercisable by registrar);

(c)

Section 36B (Procedural directions: powers of single judge and registrar); or

(d)

Section 36C (Appeals against procedural directions).

(2)

An application for the exercise of any of the powers referred to in paragraph (1) shall be in the relevant form scheduled to these Rules or in the form required by the registrar.

(3)

An application for the exercise of any of the powers referred to in paragraph (1) must be signed by the appellant or on his behalf.

(4)

If an application is not signed by the appellant and he is:

(a)

in custody in any civil prison or detained in any civil institution;

(b)

detained in any military, air force or naval establishment; or

(c)

a prisoner of war;

the registrar must send him a copy as soon as practicable after receiving it unless it has been ascertained from his representative (if appropriate) that a copy has already been sent to him.

(5)

Where an application has been dealt with by a judge or the registrar exercising the powers of the court under section 36(1), 36A or 36B(1), the registrar shall notify the appellant of the decision and, where the appellant is a prisoner of war who has a protecting power, shall also notify the protecting power of the decision and the appellant of the receipt by the protecting power of such notification.

(6)

Neither a single judge nor the registrar need sit in court to exercise any of the powers referred to in paragraph (1) of this rule.”.