Article 2 Request for adjournment

A request by the prosecutor for an adjournment under article 4(4)(a)(ii) of the 2006 Order must be made to the judge advocate immediately following the making of a ruling to which article 4 of that Order refers, unless paragraph (2) applies.

If that ruling is a ruling of no case to answer, an application by the prosecutor under paragraph (1) must be made immediately following that ruling of no case to answer notwithstanding that the prosecutor may also nominate earlier rulings to be the subject of an appeal.

The judge advocate shall grant the request unless he considers it is in the interests of justice for the prosecutor to indicate immediately whether or not he intends to seek leave to appeal.

The adjournment shall be until the next business day after the day on which the ruling was given, unless the judge advocate considers that the interests of justice require a longer adjournment.

Subject to article 8 of this Order, as soon as is reasonably practicable after the prosecutor informs the judge advocate that he intends to seek leave to appeal or requests an adjournment to consider whether to do so, the court administration officer shall provide a transcript of the ruling which is the subject of the proposed appeal to—