The Armed Forces (Appeals Against Review of Sentence) Regulations 2024

Powers under Part 2 that are exercisable by a single judge

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.