The Armed Forces (Summary Appeal Court) Rules 2009

Powers of the court in uncontested appeals

20.—(1) Where the Director gives notice under rule 19(1) that he does not intend to contest an appeal, the court shall quash the finding against which the appeal is brought.

(2) Where any punishment awarded relates to one or more findings each of which is the subject of an appeal and in respect of each of which the Director has given notice under rule 19(1) that he does not intend to contest the appeal—

(a) the power of the court to quash the finding(s) under section 147(1)(a) may be exercised by the Judge Advocate General without a hearing; and

(b) any decision of the Judge Advocate General in exercise of those powers shall be recorded in writing and dated and signed by him.

(3) The court administration officer shall serve a copy of any decision of the Judge Advocate General under this rule on—

(a) the appellant;

(b) the commanding officer;

(c) the Director; and

(d) where the appeal falls to be considered by the court on a reference made by the reviewing authority, the reviewing authority.