{
  "url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-140",
  "json_url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-140.json",
  "legislation": "ukdsi/2009/9780111479216",
  "legislation_title": "The Armed Forces (Court Martial) Rules 2009",
  "legislation_url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009",
  "path": "article/140",
  "kind": "article",
  "number": "140",
  "heading": "Breach of requirements: application for summons or warrant",
  "text": "(1) An application by the responsible officer for a summons or a warrant under paragraph 8 of Schedule 8 to the 2003 Act shall be made in writing to the court administration officer, specifying—\n(a) the requirement of the order with which the offender is alleged to have failed to comply;\n(b) the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;\n(c) whether he has within the previous twelve months been given a warning under paragraph 5 of Schedule 8 to the 2003 Act in respect of the order, and if so when and in what terms; and\n(d) any grounds on which, to the responsible officer’s knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.\n(2) The court administration officer shall forward the application to the Judge Advocate General.\n(3) The Judge Advocate General may—\n(a) issue a summons under paragraph 8 of Schedule 8 to the 2003 Act requiring the offender to appear before the court for proceedings under paragraph 10 of that Schedule;\n(b) issue a warrant under paragraph 8 of that Schedule for the offender’s arrest;\n(c) dismiss the application without a hearing; or\n(d) direct a hearing of the application.\n(4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/140",
    "retrieved_at": "2026-10-30T14:57:31.031139+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."
}