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The Court Martial Appeal Court (Amendment) Rules 2024

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Statutory Instruments

2024 No. 1060

COURT MARTIAL (APPEALS)

The Court Martial Appeal Court (Amendment) Rules 2024

Made

23rd 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 1968(1), including that section as extended by section 163(9) of the Armed Forces Act 2006(2), and regulation 39 of the Armed Forces (Appeals Against Review of Sentence) Regulations 2024(3).

(1)

1968 c. 20. Section 49 was amended and partly repealed by the Constitutional Reform Act 2005 (c. 4) (the “2005 Act”), section 12(2) and Schedule 1, Part 2, paragraph 9 and by section 146 and Schedule 18, Part 1. The amendments provide for rules under section 49 to be made in accordance with Part 1 of Schedule 1 to the 2005 Act.

(2)

2006 c. 52. Section 163(3)(i) of the Armed Forces Act 2006 provides that Court Martial rules may make provision for appeals against certain orders or rulings. Section 163(9) of that Act enables Court Martial rules to confer jurisdiction on the Court Martial Appeal Court and confirms that rules under section 49 of the 1968 Act may make provision about the powers of the Court Martial Appeal Court in relation to appeals made by virtue of section 163(3)(i).

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