The Summary Appeal Court (Navy) Rules 2000

Bringing of appeals

8.—(1) For the purposes of section 52FK(2) of the Act—

(a) a person brings an appeal when he serves on his commanding officer a notice in writing in the form set out in Schedule 2; and

(b) the date on which the appeal is brought is—

(i) where the notice is delivered to the commanding officer or left at his proper address, the date on which it is so delivered or left;

(ii) where the notice is sent by post to the commanding officer at his proper address, the date on which it is received at that address; or

(iii) where the notice is transmitted by FAX or other means of electronic data transmission, the date on which it is so transmitted.

(2) Where two or more charges have been tried summarily together and an appeal is brought against more than one of the findings made in respect of those charges, it shall be sufficient for the purposes of paragraph (1) for the appellant to serve a single notice of appeal relating to all matters against which an appeal is brought.

(3) Where notice of appeal is served on a person’s commanding officer in accordance with paragraph (1), the commanding officer shall as soon as reasonably practicable—

(a) forward it to the court administration officer;

(b) serve a copy of it on the prosecuting authority together with—

(i) a copy of the charge sheet used for the purposes of the summary trial;

(ii) a copy of any punishment warrant prepared in respect of the charges to which the notice of appeal relates;

(iii) a list of persons (other than the appellant) whose evidence was adduced at the summary trial;

(iv) a list of any other potential witnesses;

(v) any statement, or written record of evidence, given by any person falling within paragraph (iii) or (iv);

(vi) any statement, or written record of evidence, given by the appellant including records or transcripts of interviews conducted under caution;

(vii) a list of any exhibits admitted in evidence at the summary trial together with copies of those exhibits;

(viii) a copy of any written report made under section 52B(1) of the Act concerning any offence to which the appeal relates;

(ix) where applicable, a copy of the appellant’s service certificate and career record; and

(x) any other material in the possession of the commanding officer which may be material to the determination of the appeal.

(4) In paragraph (3)(b)(ii), the reference to a punishment warrant is to a punishment warrant prepared in accordance with regulations under section 52F of the Act, and shall include any written statement attached to the warrant, made by the officer who held the summary trial, setting out the facts found at the trial and the reasons for any decision made by him.

(5) Where it is not practicable or desirable to make a copy of any exhibit included in the list prepared in accordance with paragraph (3)(b)(vii), the commanding officer shall set out in the document containing that list details of the whereabouts of the exhibit and the name and address of the person who has custody of it.