The Armed Forces (Summary Appeal Court) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/1211 |
| Year | 2009 |
- “ancillary proceedings” means proceedings under—
- (a) rule 16 for an extension of the initial period or an application for leave to appeal out of time; and
- (b) rule 17 for the consideration of a matter referred to the court by the reviewing authority under section 152(4) or (7) ;
- “appeal proceedings” means proceedings for the hearing of an appeal under section 146;
- “preliminary proceedings” means any proceedings of the court held for the purpose of giving directions, orders or rulings for the purpose of appeal or ancillary proceedings;
- “related proceedings”, in relation to preliminary proceedings, means—
- (a) appeal proceedings in respect of any charge to which the preliminary proceedings relate; and
- (b) any further preliminary proceedings in relation to such appeal proceedings.
- “the Director” means the Director of Service Prosecutions;
- “appellant” means a person who brings an appeal under section 141 or on whose behalf a reviewing authority seeks leave to refer a finding or punishment to the court under section 152.
- “the Act” means the Armed Forces Act 2006;
- “the 1967 Act” means the Criminal Justice Act 1967 ;
- “the 2003 Act” means the Criminal Justice Act 2003;
- “the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 ;
- “advance information” has the meaning given by rule 42(2) ;
- “bad character” has the meaning given by section 98 of the 2003 Act;
- “civilian police force” means a UK police force or a British overseas territory police force;
- F24“the complainant”, in relation to any offence (or alleged offence) , means a person against or in relation to whom the offence was (or is alleged to have been) committed;
- “the court” means the Summary Appeal Court;
- “DX” means document exchange;
- “the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 142(3) ;
- “lay members” means those persons who are members of the court by virtue of section 142(1) (b) or (c) ;
- “legal representative” means a person appointed under rule 41;
- “live link” has the meaning given by rule 25(3) (a) ;
- “pre-sentence report” has the meaning given by section 257; and
- “unit” means—
- (a) a naval ship or establishment;
- (b) any body of members of Her Majesty's forces formed under the command of a person appointed to be the commanding officer of the body; or
- (c) an air force station.
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