Part II Discipline and Trial and Punishment of Air-Force Offences
F3 The summary appeal court
F283ZJ Rules of summary appeal court.
1
The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.
2
Rules under this section may, in particular, make provision—
a
as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 83ZE of this Act;
b
as to the bringing and abandonment of appeals;
c
as to the procedure for applying for leave under section 83ZE(2) or (3) of this Act;
d
as to the procedure for applying for leave, or making a reference, under section 115(5A) or (5B) of this Act;
e
as to consultation by the court administration officer with the Judge Advocate General before specifying where the court is to sit;
f
as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 83ZB of this Act sitting alone;
g
enabling an uncontested appeal to be determined without a hearing;
h
as to the convening and constitution of the court to hear any appeal;
i
as to circumstances in which officers otherwise qualified under section 83ZC of this Act are ineligible to hear particular appeals;
j
enabling the appellant to object to members of the court;
k
as to the representation of the appellant on the hearing of appeals under section 83ZE of this Act and at any preliminary proceedings;
l
as to the admissibility of evidence;
m
as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;
n
as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;
o
as to the administration of oaths;
p
as to the recording of the proceedings of the court and custody of records of the proceedings;
q
as to making copies of the records of proceedings available and as to the fees payable for such copies;
r
as to the procedure for applying to have a case stated under section 83ZH(2) of this Act.
3
Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.
4
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
S. 83ZA and cross-heading inserted (2.10.2000) by 2000 c. 4, s. 14(1); S.I. 2000/2366, art. 2 (with transitional provisions in art. 3, Sch. para. 14)