# The Armed Forces (Court Martial) Rules 2009, Article 140: Breach of requirements: application for summons or warrant


(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—
(a) the requirement of the order with which the offender is alleged to have failed to comply;
(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;
(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
(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.
(2) The court administration officer shall forward the application to the Judge Advocate General.
(3) The Judge Advocate General may—
(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;
(b) issue a warrant under paragraph 8 of that Schedule for the offender’s arrest;
(c) dismiss the application without a hearing; or
(d) direct a hearing of the application.
(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.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/140 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-140
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.