{
  "url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-99",
  "json_url": "https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-99.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/99",
  "kind": "article",
  "number": "99",
  "heading": "Variation or discharge of special measures direction",
  "text": "(1) A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.\n(2) A judge advocate may exercise the power conferred by paragraph (1)—\n(a) on an application made by a party to the proceedings; or\n(b) of the judge advocate’s own motion.\n(3) An application under this rule must be made in writing to the court administration officer, unless—\n(a) a judge advocate gives leave for it to be made orally; or\n(b) paragraph (8) applies.\n(4) A copy of a written application under this rule must be served on each other party to the proceedings.\n(5) Where a written application has been made under this rule, a judge advocate may—\n(a) grant the application without a hearing; or\n(b) direct a hearing.\n(6) But the application may not be granted without a hearing unless—\n(a) at least 14 days have elapsed since the application was served on each other party to the proceedings; and\n(b) no other party has served notice on the court administration officer that he opposes the application.\n(7) Rule 97(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.\n(8) Where the direction was made on the application of a defendant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.\n(9) A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.\n(10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.",
  "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/99",
    "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."
}