The Summary Appeal Court (Air Force) Rules 2000

Preliminary hearings

33.—(1) The court may direct the court administration officer to convene a hearing prior to the commencement of the hearing of the appeal—

(a) of its own motion; or

(b) on the application of the respondent or the appellant,

and such a hearing shall be referred to in these Rules as a preliminary hearing.

(2) The power to direct a preliminary hearing under paragraph (1) may be exercised notwithstanding that a preliminary hearing has already been held by virtue of that paragraph.

(3) An application under paragraph (1)(b) shall be made in writing in the form set out in Schedule 2 and shall be served on the court administration officer.

(4) The applicant shall serve a copy of the notice given under paragraph (3) on the other party to the proceedings.

(5) Before directing the court administration officer to convene a preliminary hearing the court shall afford the appellant and the respondent the opportunity of making written representations to it.

(6) Paragraph (5) shall not oblige the court to afford any party the opportunity of making representations where it appears to it that it would be impracticable to do so, or would cause unnecessary delay.

(7) The functions of the court under this rule and rule 34 shall be exercised by a judge advocate.

(8) On receipt of a direction under paragraph (1), the court administration officer shall—

(a) specify the time and place for the preliminary hearing to take place;

(b) serve notice in writing of those matters on the parties to the appeal;

(c) arrange for the attendance at the hearing of a court recorder and, if the judge advocate or any party so requests, an interpreter.

(9) Paragraphs (4) to (6) and (8) are subject to rule 34.