PART VIMATTERS PRELIMINARY TO THE HEARING OF AN APPEAL

Matters capable of being dealt with at a preliminary hearing35

1

Any matter relating to or affecting the hearing of the appeal may be considered at a preliminary hearing including—

a

any question as to the admissibility of evidence;

b

any question as to the jurisdiction of the court in relation to any issue raised on the appeal;

c

any question as to whether the whole or any part of the hearing of the appeal should not be held in open court;

d

any question as to the exercise by the court of its powers under rule 32;

e

any matter relating to the evidence to be given at the hearing of the appeal, including any matter relating to the persons who are or may be required to give evidence as witnesses at the hearing;

f

any question relating to the summoning of witnesses (including whether a witness summons should be held to be of no effect);

g

any other question of law, or of the practice or procedure of the court, relevant to the proceedings on the appeal.

2

A preliminary hearing shall be a hearing before a judge advocate sitting alone, and he may give such orders, rulings or directions relating to any matter raised at the hearing as he thinks fit.

3

Any ruling or order made at a preliminary hearing shall have effect until the conclusion of the proceedings on the appeal unless it appears to a judge advocate on application at any stage during the proceedings (including at a subsequent preliminary hearing) that the order or ruling should be varied or discharged.