The Armed Forces (Retrial for Serious Offences) Order 2013

Powers exercisable by the registrar U.K.

29.—(1) The registrar may require the Judge Advocate General, the judge advocate for any proceedings under this Order, or the court administration officer to furnish the Court Martial Appeal Court with any document (in addition to the record of proceedings) or information which the registrar considers the court may require for the purposes of exercising its jurisdiction under this Order.

(2) The following powers may be exercised by the registrar in the same manner as the Court Martial Appeal Court and subject to the same provisions—

(a) to order under article 14(1)(a) the production of any document, exhibit or thing;

(b) to order under article 14(1)(b) any witness who would be a compellable witness in proceedings pursuant to an order made on the application to attend for examination and be examined before the Court Martial Appeal Court;

(c) to extend under article 13(6) the time for service; and

(d) to give under article 13(3) a direction relating to attendance by live link.

(3) Where the registrar exercises any of the powers set out in paragraph (2) the registrar must serve notice of that decision on all parties to the application under article 8(1).

(4) Where the registrar has refused an application to exercise any of the powers referred to in paragraph (2), the applicant may have it determined by a judge of the Court Martial Appeal Court by serving a notice of renewal in the form set out as Form 6 in Schedule 2 within 14 days of the day on which notice of the registrar’s decision is served on the applicant, unless that period is extended by the Court Martial Appeal Court.

Commencement Information

I1 Art. 29 in force at 1.8.2013, see art. 1