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The Armed Forces (Court Martial) Rules 2009

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Direction that variation proceedings be heldU.K.

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119.—(1) Variation proceedings may be held only in accordance with a direction given under this rule.

(2) After the conclusion of any proceedings in which a sentence was imposed, the judge advocate for those proceedings may direct the court administration officer to appoint a time and place for variation proceedings in respect of the sentence.

(3) The judge advocate may give a direction under this rule—

(a)on the application of the Director or the offender; or

(b)of his own motion.

(4) An application for a direction under this rule—

(a)must be made in writing to the court administration officer, stating the grounds on which it is made;

(b)if made by the Director, must be served on the offender; and

(c)if made by the offender, must be served on the Director.

(5) Where the judge advocate dismisses an application for a direction under this rule, the court administration officer shall notify the Director and the offender of that fact.

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