The Court Martial Appeal Court (Amendment) Rules 2024
| Jurisdiction | UK Non-devolved |
| Citation | SI 2024/1060 |
| Year | 2024 |
2024 No. 1060
COURT MARTIAL (APPEALS)
The Court Martial Appeal Court (Amendment) Rules 2024
Made 23th October 2024
Laid before Parliament 28th October 2024
Coming into force 20th November 2024
The Lady Chief Justice, with the agreement of the Lord Chancellor, makes these Rules in exercise of the powers conferred by section 49 of the Court Martial Appeals Act 19681, including that section as extended by section 163(9) of the Armed Forces Act 20062, and regulation 39 of the Armed Forces (Appeals Against Review of Sentence) Regulations 20243.
Citation, commencement and extent
1.—(1) These Rules may be cited as the Court Martial Appeal Court (Amendment) Rules 2024.
(2) These Rules come into force on 20th November 2024.
(3) These Rules extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).
Amendments to the Court Martial Appeal Court Rules 2009
2. The Court Martial Appeal Court Rules 20094are amended as follows.
Amendment to rule 2 (interpretation)
3. In rule 2 (interpretation)—
(a) in the appropriate places insert—
“
“the 2024 Regulations” means the Armed Forces (Appeals Against Review of Sentence) Regulations 2024;
”;
“
“offender” means a person on whom the Court Martial has passed a sentence;
”;
(b) in the definition of “person to whom proceedings relate”—
(i) in paragraphs (a) and (b), after “defendant” insert “or offender ”;
(ii) after paragraph (h) insert— “;
“
(i)
(i) with respect to an appeal under section 304D or 304E of the 2006 Act, the offender
”;
(c) in the definition of “preliminary proceedings”, in paragraph (b)—
(i) after “purpose of”, insert “—”;
(ii) “trial proceedings against a defendant;” becomes sub-paragraph (i);
(iii) after that sub-paragraph, insert—
“
(ii)
(ii) proceedings under section 304D or 304E of the 2006 Act;
Amendment to rule 26 (reference of a question to a special commissioner)
4. In rule 26(1) (reference of a question to a special commissioner), after “section 30(1)” insert “of the 1968 Act or regulation 12(1) of the 2024 Regulations”.
Amendment to rule 32 (service of appeal notice)
5. In rule 32(2)(c) (service of appeal notice), after “defendant” insert “or offender”.
Amendment to the heading of Part 7 (appeals against conviction, sentence, finding of insanity, unfitness to plead or hospital order)
6. In the heading of Part 7 , after “sentence,” insert “review of sentence,”.
Amendments to rule 45 (applicability of Part 7)
7. In rule 45 (applicability of Part 7)—
(a) after “or 25A” in both places it occurs, insert “of the 1968 Act or under section 304D or 304E of the 2006 Act”;
(b) in paragraph (1), for “an individual” substitute “a party to the proceedings”;
(c) in paragraph (3), for “individual” substitute “party to the proceedings”.
Amendments to rule 46 (application for permission to appeal)
8. In rule 46 (application for permission to appeal), in paragraph (1)(c)—
(a) at the end of paragraph (ii), omit “or”;
(b) after paragraph (ii) insert—
“
(iia)
(iia) decision on review of sentence under section 304D or 304E of the 2006 Act, or
Amendments to rule 47 (prescribed period)
9. In rule 47 (prescribed period)—
(a) after “section 9(1)”, insert “of the 1968 Act or regulation 4(1)(a) of the 2024 Regulations”;
(b) at the end of paragraph (b), omit “or”;
(c) after paragraph (b), insert—
“
(ba)
(ba) decision on review of sentence under section 304D or 304E of the 2006 Act, or
Amendments to rule 52 (notification)
10. In rule 52 (notification)—
(a) after “or 36B” insert “of the 1968 Act or under regulation 20, 21 or 22 of the 2024 Regulations”;
(b) for “appellant and the Director” substitute “parties to the proceedings”.
Amendments to rule 53 (further applications to a judge or to the court: additional rules)
11. In rule 53 (further applications to a judge or to the court: additional rules)—
(a) at the end of paragraph (1)(a), omit “or”;
(b) at the end of paragraph (1)(b) insert “or
“
(c)
(c) a party to proceedings under section 304D or 304E of the 2006—
(i) wants to make a requisition, in accordance with regulation 20(3) (powers under Part 2 that are exercisable by a single judge) of the 2024 Regulations, to have an application determined by the court as duly constituted,
(ii) renews, under regulation 21(3), an application for the exercise of a power conferred by regulation 21 (powers which may be exercised by the registrar) of the 2024 Regulations, or
(iii) makes an application under regulation 23(3) (appeals against procedural directions) of the 2024 Regulations,
”;
(c) in paragraph (3), after the words “section 36(2)”, insert “of the 1968 Act or regulation 20(3)...
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