# The Court Martial (Prosecution Appeals) Order 2009, Article 19: Accused’s response


(1) Upon receiving notice of an appeal or application for leave to appeal, the accused if he wishes to oppose the appeal or application, must serve a written response (“the accused’s response”) on—
(a) the registrar;
(b) the court administration officer;
(c) the Director; and
(d) any interested party.
(2) An accused’s response must be served on those listed in paragraph (1)—
(a) where the judge advocate has decided that the appeal should be expedited under article 5(1) and that decision has not been subsequently reversed under article 5(4), on the next court day after the day on which the notice of appeal or application for leave to appeal is served on the accused; or
(b) in any other case, within ten days of the day on which the notice of the appeal or application for leave to appeal is served on the defendant.
(3) The Court Martial Appeal Court may extend the period of service under paragraph (2) either before or after it expires.
(4) An accused’s response shall—
(a) give the date on which the accused was served with the appeal notice;
(b) identify each ground of opposition on which the accused relies, numbering them consecutively (if there is more than one), concisely outlining each argument in support and identifying the ground of appeal to which each relates;
(c) summarise any relevant facts not already summarised in the appeal notice;
(d) identify any relevant authorities;
(e) include or attach any application for the following, with reasons—
(i) an extension of time within which to serve the accused’s response;
(ii) a direction to attend in person any hearing that the accused could attend by live link, if the accused is in custody;
(f) identify any other document or thing that the accused thinks the court will need to decide the appeal.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111481455/article/19 (the official version)
Page: https://openlegislation.uk/draft-court-martial-prosecution-appeals-order-2009/article-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.