{
  "url": "https://openlegislation.uk/courts-martial-prosecution-appeals-supplementary-provisions-order-2006/note",
  "json_url": "https://openlegislation.uk/courts-martial-prosecution-appeals-supplementary-provisions-order-2006/note.json",
  "legislation": "uksi/2006/1788",
  "legislation_title": "The Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006",
  "legislation_url": "https://openlegislation.uk/courts-martial-prosecution-appeals-supplementary-provisions-order-2006",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThe Secretary of State makes this Order under the power vested in him by virtue of section 31 of the Armed Forces Act 2001 (c. 19) to make provision equivalent to a criminal justice enactment, or any subordinate legislation made under the criminal justice enactment in relation to service courts. This Order makes provisions supplementary to those contained in the Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786) which introduces for service courts a power (equivalent to the powers contained in Part 9 of the Criminal Justice Act 2003) for the prosecuting authorities to appeal to the Courts-Martial Appeal Court against a judicial ruling which would otherwise have the effect of terminating proceedings. These supplementary provisions are themselves equivalent in relation to service courts to those provisions in Part 66 of the Criminal Procedure Rules 2005 (S.I. 2005/384) which provide for the practice and procedure to be followed by the civilian courts when the prosecution exercises a right of appeal in respect of a terminating ruling.\nArticle 2 makes provision for the period of an adjournment on the request of the prosecutor in order for him to consider whether to appeal in respect of a ruling.\nArticle 3 makes provision for oral applications for leave to appeal to the judge advocate. Article 4 makes provision for the procedure to be applied when determining whether an appeal should be expedited. Article 5 makes provision for written notice of appeal or application for leave to appeal.\nArticle 6 makes provision for the accused’s written response to a notice of appeal or application for leave to appeal. Article 7 makes provision for the participation or attendance of an accused in custody at the hearing of the appeal or application for leave to appeal. Article 8 makes specific provisions for appeals against public interest rulings.\nArticles 9 to 17 make supplementary provision including provisions in relation to the abandonment of proceedings, powers exercisable by a single judge or registrar, renewal of appeals before the full Courts-Martial Appeal Court, appeal to the House of Lords and service of documents.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/1788/note",
    "retrieved_at": "2026-10-29T04:26:19.268675+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}