The Summary Appeal Court (Air Force) Rules 2000

Procedure on stating a case

66.—(1) If the judge advocate decides to state a case the procedure to be followed shall, unless the judge advocate directs otherwise, be the procedure set out in the following provisions of this rule.

(2) The applicant shall, within 21 days of receiving the notice referred to in rule 65(6), draft a case and serve a copy of it on the court administration officer and the prosecuting authority.

(3) The prosecuting authority shall, within 21 days of receiving a copy of the draft case under paragraph (2), either—

(a) give notice in writing to the applicant and the court administration officer that he does not intend to take part in the proceedings before the High Court; or

(b) indicate in writing on the copy of the draft case that he agrees with it and send the copy to the court administration officer; or

(c) draft an alternative case and serve it, together with a copy of the applicant’s case, on the court administration officer.

(4) The judge advocate shall consider the applicant’s draft case and any alternative draft case served on the court administration officer in accordance with paragraph (3)(c).

(5) The function of the court in stating a case under section 83ZH(2) of the Act shall be exercised by the judge advocate sitting alone.

(6) The judge advocate shall state and sign a case within 14 days after either—

(a) the date on which he receives all the documents required to be served on the court administration officer under paragraph (3); or

(b) the expiration of the period of 21 days referred to in that paragraph,

whichever is the sooner.