# The Armed Forces (Court Martial) Rules 2009, Article 99: Variation or discharge of special measures direction


(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.
(2) A judge advocate may exercise the power conferred by paragraph (1)—
(a) on an application made by a party to the proceedings; or
(b) of the judge advocate’s own motion.
(3) An application under this rule must be made in writing to the court administration officer, unless—
(a) a judge advocate gives leave for it to be made orally; or
(b) paragraph (8) applies.
(4) A copy of a written application under this rule must be served on each other party to the proceedings.
(5) Where a written application has been made under this rule, a judge advocate may—
(a) grant the application without a hearing; or
(b) direct a hearing.
(6) But the application may not be granted without a hearing unless—
(a) at least 14 days have elapsed since the application was served on each other party to the proceedings; and
(b) no other party has served notice on the court administration officer that he opposes the application.
(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.
(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.
(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.
(10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111479216/article/99 (the official version)
Page: https://openlegislation.uk/draft-armed-forces-court-martial-rules-2009/article-99
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.