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The Summary Appeal Court (Air Force) Rules 2000

S.I. 2000/2372 · Made 4 September 2000

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DEFENCE

Made 4th September 2000

Laid before Parliament 7th September 2000

Coming into force 2nd October 2000

The Secretary of State, in exercise of the powers conferred on him by sections 83ZA(6), 83ZC(2), 83ZF(3) and 83ZJ of the Air Force Act 1955f1, hereby makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1955 c. 19; sections 83ZA to 83ZL were inserted by sections 14 to 23 of the Armed Forces Discipline Act 2000 (c. 4).

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Service of documents
  5. 4Service by FAX or other means of electronic data transmission
  6. 5Summary appeal court sitting in camera or closed court
  7. 6Representation of appellant in proceedings on an appeal
  8. 7Qualifications to be held by legal representatives
  9. Part II: BRINGING AND ABANDONMENT OF APPEALS
  10. 8Bringing of appeals
  11. 9Application for leave to extend time for appealing and for leave to bring an appeal out of time
  12. 10Determination of applications
  13. 11Notice of decision of the judge advocate on an application
  14. 12Application by the authority carrying out a review for leave to refer a case to the summary appeal court
  15. 13Determination of application for leave by the authority carrying out a review
  16. 14Hearings of applications
  17. 15Abandonment of appeals
  18. Part III: PROCEDURE ON THE BRINGING OF AN APPEAL
  19. 16Respondent to give notice of intentions on receipt of notice of appeal
  20. 17Uncontested appeals
  21. 18Respondent’s papers
  22. 19Service of additional evidence
  23. 20Witness not called by respondent
  24. 21Service of statement of relevant matters by respondent in an appeal against punishment
  25. 22Notification of the time and place for the hearing of an appeal
  26. Part IV: CONSTITUTION OF SUMMARY APPEAL COURT TO HEAR PARTICULAR APPEALS
  27. 23Officers qualified for membership of the summary appeal court
  28. 24Officers who are ineligible to hear particular appeals
  29. 25Waiting member
  30. 26Appointment of court officials
  31. Part V: EVIDENCE
  32. 27Rules of evidence etc.
  33. 28Admission of facts or matters contained in the respondent’s papers
  34. 29Evidence through television link etc.
  35. 30Witness summons
  36. 31Oaths and affirmations
  37. Part VI: MATTERS PRELIMINARY TO THE HEARING OF AN APPEAL
  38. 32Power of the summary appeal court to hear more than one appeal at the same time
  39. 33Preliminary hearings
  40. 34Preliminary hearing without notice to the appellant
  41. 35Matters capable of being dealt with at a preliminary hearing
  42. 36Preliminary hearings in chambers
  43. 37Presence at preliminary hearing by live TV link
  44. Part VII: PRACTICE AND PROCEDURE OF THE SUMMARY APPEAL COURT IN RELATION TO THE HEARING OF AN APPEAL
  45. 38Sittings and adjournments
  46. 39Challenges by the appellant
  47. 40Interruption of hearing where a member of the court is unable to continue
  48. 41Refixing of postponed and interrupted hearings
  49. 42Procedure to be adopted where more than one appeal against finding
  50. 43Questions of practice and procedure not covered by the Act or the Rules
  51. Part VIII: APPEALS AGAINST FINDING
  52. 44Application of Part VIII
  53. 45Power of respondent to give notice that he no longer contests an appeal against finding
  54. 46Addresses to the court
  55. 47Provisions which are to apply where there are two or more appellants
  56. 48Additional evidence during the hearing of the appeal
  57. 49Expert evidence
  58. 50Exhibits
  59. 51Presence of witnesses
  60. 52Examination of witnesses
  61. 53Submission of no case to answer
  62. 54Finding that charge has not been proved after the close of the respondent’s case
  63. 55Witnesses for the appellant
  64. 56Evidence in rebuttal
  65. 57Deliberation on finding
  66. 58Record of decision of the court on finding
  67. Part IX: PRACTICE AND PROCEDURE RELATING TO THE POWERS OF THE COURT TO VARY PUNISHMENT AWARDED
  68. 59Application of Part IX
  69. 60Information to be provided by the respondent
  70. 61Determining disputes of fact
  71. 62Evidence on behalf of the appellant etc.
  72. 63Deliberation on punishment
  73. Part X: RECORD OF PROCEEDINGS
  74. 64Record of proceedings
  75. Part XI: APPLICATION TO SUMMARY APPEAL COURT TO STATE CASE
  76. 65Application for case to be stated
  77. 66Procedure on stating a case
  78. 67Supplementary provisions relating to stating a case
  79. Signature
  80. Schedule 1: PROPER ADDRESS
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. Schedule 2FORMS
  86. Schedule 3: EVIDENCE
  87. Part I: MODIFICATIONS TO SECTION 9 OF THE CRIMINAL JUSTICE ACT 1967
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. Part II: MODIFICATIONS TO SECTIONS 10 AND 11 OF THE CRIMINAL JUSTICE ACT 1967
  94. 6Paragraph 6
  95. 7Paragraph 7
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. 13Paragraph 13
  102. 14Paragraph 14
  103. 15Paragraph 15
  104. 16Paragraph 16
  105. 17Paragraph 17
  106. Part III: MODIFICATIONS TO PARTS VII AND VIII OF THE POLICE AND CRIMINAL EVIDENCE ACT 1984
  107. 18Paragraph 18
  108. Schedule 4WITNESS SUMMONS
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. 7Paragraph 7
  116. Schedule 5: OATHS AND AFFIRMATIONS
  117. Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. 4Paragraph 4
  122. Part II: FORMS OF OATHS
  123. 5Persons under instruction
  124. 6Interpreter
  125. 7Witness aged 18 years or over
  126. 8Witness under the age of 18 years
  127. Part III: FORMS OF SCOTTISH OATHS
  128. 9Paragraph 9
  129. Part IV: FORM OF SOLEMN AFFIRMATION
  130. 10Paragraph 10
  131. Explanatory note