Article 13 Determination by full court

Where a single judge has refused an application to exercise any of the powers referred to in article 11 of this Order, the party making the application may have it determined by the Courts-Martial Appeal Court by serving a notice of renewal in Form PA5.

Notice of renewal must be served on the registrar within seven business days of the day on which notice of the single judge’s decision is served on the party making the application.

The Courts-Martial Appeal Court may extend the period for service under paragraph (2) either before or after it expires.

A notice of renewal must be signed by, or on behalf of, the person making the application. If the notice is not signed by the party making the application and that party is in custody, the registrar shall, as soon as practicable after receiving the notice, send a copy of it to that party.

If the notice of renewal is not served on the registrar within the period specified in paragraph (2) or such extended period as the Courts-Martial Appeal Court has allowed under paragraph (3), the application shall be treated as having been refused by the court.