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The Armed Forces (Summary Appeal Court) Rules 2009
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[F1Variation or discharge of special measures directionU.K.
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74N.—(1) A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.
(2) A judge advocate may exercise the power conferred by paragraph (1)—
(a)on an application made by a party to the proceedings; or
(b)of the judge advocate’s own motion.
(3) An application under this rule must be made in writing to the court administration officer, unless—
(a)a judge advocate gives leave for it to be made orally; or
(b)paragraph (8) applies.
(4) A copy of a written application under this rule must be served on each other party to the proceedings.
(5) Where a written application has been made under this rule, a judge advocate may—
(a)grant the application without a hearing; or
(b)direct a hearing.
(6) But the application may not be granted without a hearing unless—
(a)at least 14 days have elapsed since the application was served on each other party to the proceedings; and
(b)no other party has served notice on the court administration officer that he opposes the application.
(7) Rule 74L(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.
(8) Where the direction was made on the application of an appellant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.
(9) A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.
(10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.]
Textual Amendments
F1Pt. 11 Ch. 7 inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 6
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