20.—(1) The powers specified in paragraph (2) may be exercised by any judge of the Appeal Court in the same manner as they may be exercised by the Appeal Court and subject to the same provisions.
(2) The following powers of the Appeal Court are specified for the purposes of paragraph (1)—
(a)to give leave to appeal;
(b)to extend the period within which an application for leave to appeal must be lodged;
(c)to allow an offender to be present at any proceedings;
(d)to order witnesses to attend for examination;
(e)to make an order under regulation 15 for the payment of costs;
(f)to make orders under regulation 10(3)(a) (an order for the production of any document, etc).
(3) If a judge refuses an application on the part of a party to the proceedings to exercise in that party’s favour any of the powers mentioned in paragraph (2) other than that under paragraph 2(e) (power to make an order for payment of costs), that party, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner is to be entitled to have the application determined by the Appeal Court as duly constituted for the purpose in accordance with section 5 of the 1968 Act.
21.—(1) The powers specified in paragraph (2) may be exercised by the registrar in the same manner as they may be exercised by the Appeal Court and subject to the same restrictions.
(2) The following powers of the Appeal Court are specified for the purposes of paragraph (1)—
(a)to extend the time within which notice of appeal or of application for leave to appeal may be given;
(b)to order a witness to attend for examination;
(c)to make orders under regulation 10(3)(a) (an order for the production of any document, etc).
(3) If the registrar refuses an application on the part of a party to exercise in that party’s favour any power specified in paragraph (2), that party is to be entitled to have the application determined by any judge of the Appeal Court.
22.—(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—
(a)a judge of the Appeal Court, or
(b)the registrar.
(2) In this regulation, “procedural directions” means directions for the efficient and effective preparation of—
(a)an application for leave to appeal, or
(b)an appeal
under section 304D or 304E of the 2006 Act.
(3) A judge of the Appeal Court may give such procedural directions as the judge thinks fit—
(a)when acting under paragraph (1);
(b)on a reference from the registrar;
(c)on the judge’s own motion.
(4) The registrar may give such procedural directions as the registrar thinks fit—
(a)when acting under paragraph (1);
(b)on the registrar’s own motion.
23.—(1) Paragraph (2) applies if the registrar gives, or refuses to give, procedural directions within the meaning of regulation 22.
(2) A judge of the Appeal Court may, on an application to the judge under paragraph (3)—
(a)confirm, set aside or vary any procedural directions given by the registrar;
(b)give such procedural directions as the judge thinks fit.
(3) An application under this regulation may be made by—
(a)an offender, or
(b)the Director of Service Prosecutions.
24. In the case of every appeal or application for leave to appeal to the Appeal Court against review of sentence, the Judge Advocate General must provide the registrar, in accordance with the Rules, with a record of the proceedings of the Court Martial.
25. It is the duty of the Director of Service Prosecutions to conduct the defence of any appeal brought by an offender under section 304D (review of sentence following offer of assistance) or 304E (review of sentence following failure to assist) of the 2006 Act.