The Armed Forces (Summary Appeal Court) Rules 2009

Record of Summary Appeal Court proceedings U.K.

2.—(1) Rule 30(5) to (8) shall apply in relation to the record of—

(a) the proceedings of the SAC, and

(b) a preliminary hearing,

with the following modifications.

(2) In paragraph (5)—

(a) the reference to exhibits retained under rule 31 is to be read as a reference to exhibits retained under rule 50(3) of the 2000 Rules; and

(b) the reference to the court administration officer is to be read as a reference to the court administration officer within the meaning of AA 1955, AFA 1955 or NDA 1957 (as the case may be).

(3) Paragraph (5) shall have effect as if for sub-paragraphs (a) to (c) there were substituted “the conclusion of the proceedings of the SAC (or, in relation to the record of a preliminary hearing which was not followed by proceedings of a SAC, the conclusion of the last preliminary hearing in the appeal)”.

(4) In paragraph (7)—

(a) references to proceedings (or part of proceedings) held in camera include a preliminary hearing (or part of such a hearing) where rule 36(1) of the 2000 Rules applies; and

(b) the reference to proceedings in relation to which a direction under rule 45 was given is to be read as a reference to proceedings where the an order under rule 5(1) of the 2000 Rules has been made or a preliminary hearing held under rule 34 of the 2000 Rules.