Article 14 Requirement for a hearing

(1)

A review shall be carried out at a hearing if—

(a)

it is the first review under section 47H(1) of the Act in relation to the accused;

(b)

it has been requested under section 47H(2)(b) of the Act;

(c)

it is a review carried out at any time after the commencement of the accused’s trial by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, other than during an adjournment;

(2)

In any other case, a review shall be carried out at a hearing unless—

(a)

the judicial officer is satisfied on the basis of the representations made by the commanding officer under rule 15 that the grounds on which the order made under section 47G(2) of the Act continue to exist;

(b)

the accused has not made representations under rule 15 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and

(c)

the judicial officer is satisfied that there is no other reason for carrying out the review at a hearing.

(3)

The judicial officer shall not on a review impose any requirements under section 47K(2)(b) of the Act unless the review is carried out at a hearing.