Part IIIF7APPEAL FROM COURT MARTIAL APPEAL COURT TO F4Court of Judicature
Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)
40 Application for leave to appeal.
1
An application to the Appeal Court for leave to appeal to F5the Supreme Court shall be made within the period of F228 days beginning with the F3relevant date ; and an application to F5the Supreme Court for leave shall be made within the period of F228 days beginning with the date on which the application is refused by the Appeal Court.
F11A
In subsection (1), “the relevant date” means—
a
the date of the Appeal Court’s decision, or
b
if later, the date on which the Appeal Court gives reasons for its decision.
2
F5The Supreme Court or the Appeal Court may, upon application made at any time by the accused F8or, in the case of an appeal under section 39(1A), by the prosecuting officer, extend the time within which an application may be made by him to F5the Supreme Court or F6the Appeal Court under subsection (1) above.
3
An appeal shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of; and for purposes of this Part of this Act an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it may be made, if it is not made within that time.
Pt. 3 heading substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 8 para. 41; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4