The Court Martial (Prosecution Appeals) Order 2009

Further provision on expedited and non-expedited appeals

17.—(1) At the time when the Director informs the judge advocate that he intends to seek leave to appeal against a ruling, he must also make oral representations as to whether or not that appeal should be expedited under article 5(1).

(2) Before deciding whether or not the appeal should be expedited, the judge advocate shall hear oral representations from the accused and any interested party.

(3) The court administration officer must provide a copy of the reasons given by the judge advocate for his decision as to whether or not the appeal should be expedited, to the Director, the accused and all interested parties.

(4) The judge advocate may reverse his decision that the appeal should be expedited at any time before the notice of appeal or application for leave to appeal is served on the court administration officer under article 18(1) and must provide reasons for that reversal in writing to the Director, the accused and all interested parties.

(5) At any time after a notice of appeal or application for leave to appeal has been served on the registrar under article 18(1), the Director or accused may apply to the Court Martial Appeal Court to reverse a judge advocate’s decision that the appeal should be expedited under article 5(4) and written notice of such an application must be served on—

(a) the registrar;

(b) the court administration officer;

(c) any interested party; and

(d) whichever of the following does not make the application—

(i) the Director;

(ii) the accused.