Article 30 Determination by the Court Martial Appeal Court

Where a judge of the Court Martial Appeal Court has refused an application to exercise any of the powers referred to in article 28, the applicant may have that application determined by the Court Martial Appeal Court by serving a notice of renewal in the form set out as Form 6 in Schedule 2.

A notice under paragraph (1) must be served on the registrar within 14 days of the day on which notice of the single judge’s decision is served on the applicant, unless that period is extended by the Court Martial Appeal Court.

If a notice under paragraph (1) is not served on the registrar within the period specified in paragraph (2) or such extended period as the Court Martial Appeal Court has allowed, the application must be treated as having been refused by the Court Martial Appeal Court.