The Summary Appeal Court (Air Force) Rules 2000

Determination of applications

10.—(1) The powers of the court to determine an application shall be exercised by a judge advocate sitting alone; and, except as provided by the following provisions of this rule, an application shall be determined without a hearing.

(2) There is to be a hearing for the purposes of determining an application if—

(a) the applicant requests a hearing in accordance with paragraph (4); or

(b) the judge advocate specified to determine the application so directs.

(3) Where the judge advocate is minded to refuse an application without a hearing, the court administration officer shall give notice in writing of that fact to the applicant.

(4) On receipt of a notice under paragraph (3), the applicant may request a hearing of the application by giving notice in writing to the court administration officer before the end of the period of 14 days beginning with the date of the notice under paragraph (3).

(5) Where there is a requirement for a hearing, the court administration officer shall—

(a) determine the time and place of the hearing; and

(b) serve notice of those matters on the applicant and the prosecuting authority.

(6) If, having notified a person in accordance with paragraph (5), the court administration officer changes the time or place of the hearing, he shall notify the person of the change.