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Rule 85 The petition

Original text. Later amendments are not shown.

(1)

The period within which an accused may present a petition against finding or sentence or both in accordance with section 70(1) of the Act shall be 28 days following the day on which sentence is announced.

(2)

A petition presented in accordance with section 70(1) of the Act shall be in writing and signed by the accused, or on his behalf by his legal representative.

(3)

A petition addressed to the Defence Council shall be treated as having been presented to the Defence Council if it is presented by the petitioner—

(a)

to the court administration officer; or

(b)

where the petitioner is—

(i)

in custody or detention in any civil prison or institution, to the governor of the prison or institution;

(ii)

detained in any military or air force establishment or in naval detention quarters, to the commandant of the establishment or quarters.

(4)

A person to whom a petition is presented under paragraph (3)(b) shall transmit it to the court administration officer immediately upon receipt.