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The Armed Forces (Court Martial) Rules 2009
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Changes over time for: Section 140
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Breach of requirements: application for summons or warrantU.K.
This section has no associated Explanatory Memorandum
140.—(1) An application by the responsible officer for a summons or a warrant under [F1paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act)] shall be made in writing to the court administration officer, specifying—
(a)the requirement of the order with which the offender is alleged to have failed to comply;
(b)the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;
(c)whether he has within the previous twelve months been given a warning under [F2paragraph 6 of Schedule 10 to the Sentencing Code] in respect of the order, and if so when and in what terms; and
(d)any grounds on which, to the responsible officer's knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.
(2) The court administration officer shall forward the application to the Judge Advocate General.
(3) The Judge Advocate General may—
(a)issue a summons under [F3paragraph 8A of Schedule 10 to the Sentencing Code] requiring the offender to appear before the court for proceedings under [F4paragraph 11] of that Schedule;
(b)issue a warrant under [F5paragraph 8A] of that Schedule for the offender's arrest;
(c)dismiss the application without a hearing; or
(d)direct a hearing of the application.
(4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.
Textual Amendments
F1Words in rule 140(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2Words in rule 140(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in rule 140(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(a)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F4Words in rule 140(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(a)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5Words in rule 140(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
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