Article 1 Citation, commencement, application and interpretation

(1)

This Order may be cited as the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 and shall come into force on 1st August 2006.

(2)

This Order shall only apply to trials by courts-martial which commence on or after 1st August 2006.

(3)

For the purposes of this Order, trials by courts-martial commence immediately after the last court member has been sworn.

(4)

In this Order—

(a)

“the 1955 Acts” means the Army Act 1955^f1 and the Air Force Act 1955^f2;

(b)

“the 1957 Act” means the Naval Discipline Act 1957^f3;

(c)

“the 2006 Order” means the Courts-Martial (Prosecution Appeals) Order 2006^f4;

(d)

“court-martial” means a court-martial convened under section 84C of the 1955 Acts or under section 53C of the 1957 Act;

(e)

“appeal” means an appeal against a ruling under article 4 of the 2006 Order and “application for leave to appeal” should be construed accordingly;

(f)

“business day” means any day other than—

(i)

a Saturday, Sunday, Christmas Day or Good Friday; or

(ii)

a bank holiday under the Banking and Financial Dealings Act 1971^f5 in England and Wales;

(g)

“accused” means a party in whose favour the ruling was made which is the subject of the appeal;

(h)

“interested party” means a person other than the accused who—

(i)

is a party to the trial by court-martial;

(ii)

may be affected by the decision of the judge advocate under article 5(1) of the 2006 Order as to whether or not the appeal should be expedited; and

(iii)

is permitted by the judge advocate or the Courts-Martial Appeal Court to make representations on that issue.

(i)

“the registrar” means the registrar of the Courts-Martial Appeal Court;

(j)

“a single judge” means a single judge of the Courts-Martial Appeal Court;

(k)

“the judge advocate” means—

(i)

in the case of a court-martial convened under the 1955 Acts, the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial^f6; or

(ii)

in the case of a court-martial convened under the 1957 Act, the judge advocate appointed by or on behalf of the Judge Advocate of Her Majesty’s Fleet^f7.

(5)

References to a form are references to a form set out in the Schedule to these Rules or a form with the same effect.

Annotations

Footnotes

f1: 1955 c. 18.
f2: 1955 c. 19.
f3: 1957 c. 53.
f4: S.I. 2006/1786.
f5: 1971 c. 80.
f6: Section 84B of both of the Army Act 1955 and the Air Force Act 1955.
f7: Section 53B of the 1957 Act as amended by the Naval Discipline Act 1957 (Remedial) Order 2004, (S.I. 2004/66).