The Armed Forces (Summary Appeal Court) Rules 2009

Notice of appeal

15.—(1) An appeal under section 141 shall be brought by serving (before the expiry of the initial period) a written notice of appeal on the commanding officer.

(2) The commanding officer shall serve the notice on the court administration officer and a copy of the notice and the documents required under paragraph (3) on the Director.

(3) The documents are—

(a) the written record of the summary hearing;

(b) a copy of the disciplinary record of the appellant;

(c) a copy of any witness statement prepared for the purposes of the summary hearing;

(d) details of all exhibits that form part of the evidence (whether used or unused at the summary hearing) and where and when they can be inspected;

(e) a list of persons whose evidence was not adduced at the summary hearing but who appear to the commanding officer to be potential witnesses in the proceedings before the court;

(f) any material in the possession of the commanding officer which is not annexed or referred to in the written record but which in his opinion may be material to the proceedings before the court;

(g) if the commanding officer was granted authority to hear the charge summarily, a copy of any document conveying that authority;

(h) if the commanding officer had extended powers for the purposes of section 133(1)(a) or (2), 134(1), 135(1) or 136(1)(b), a copy of any document conveying those powers; and

(i) a document specifying the appellant’s age, his rank or rate and any recognised acts of gallantry.

(4) In this rule—

“disciplinary record” means all formal disciplinary records of the appellant maintained and held by any of Her Majesty’s forces;

“initial period” has the meaning given in section 141(2)(a); and

“written record” has the meaning given in Rules made under section 153.