The Court Martial Appeal Court Rules 2009

Further applications to a judge or to the court: additional rulesU.K.

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53.—(1) Where, following a refusal referred to in rule 52 to exercise a power—

(a)an appellant wants to make a requisition under section 36(2) to have an application determined by the court as duly constituted or renews an application for the exercise of a power conferred by section 36A under section 36A(2), F1...

(b)the Director makes an application under section 36C(5) (appeal against a procedural direction), [F2or

(c)a party to proceedings under section 304D or 304E of the 2006—

(i)wants to make a requisition, in accordance with regulation 20(3) (powers under Part 2 that are exercisable by a single judge) of the 2024 Regulations, to have an application determined by the court as duly constituted,

(ii)renews, under regulation 21(3), an application for the exercise of a power conferred by regulation 21 (powers which may be exercised by the registrar) of the 2024 Regulations, or

(iii)makes an application under regulation 23(3) (appeals against procedural directions) of the 2024 Regulations,]

he must do so not later than 14 days after the day on which he was served with the notice made under rule 52 of the refusal.

(2) The period in paragraph (1) may be extended by a judge of the court, the registrar or the court as appropriate, before or after the period expires.

(3) A requisition under section 36(2) [F3of the 1968 Act or regulation 20(3) of the 2024 Regulations] must be in the form set out in Schedule 3, and an application referred to in paragraph (1) must be in writing.

(4) A requisition or application referred to in paragraph (1) must be made to the registrar and must specify—

(a)the date on which notice made under rule 52 was served;

(b)the power exercised by the registrar or single judge which the [F4party], requires or applies to be considered; and

(c)any additional information not contained in the original application that the [F4party] considers relevant.

(5) A requisition or application referred to in paragraph (1) must be signed by the appellant [F5, or the offender, as the case may be,] or his legal representative, or by the Director, as appropriate.

(6) Unless the court directs otherwise, an application for an extension of the period referred to in paragraph (1) must be considered at the same time as the requisition or application referred to in that paragraph.

(7) If an appellant makes a requisition under section 36(2) [F6of the 1968 Act, or a party to the proceedings makes an application under regulations 20(3) of the 2024 Regulations,] outside the period specified in paragraph (1), as extended (if at all) under these rules, the requisition shall be treated as having been refused.

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