The Armed Forces (Disposal of Property) Regulations 2023

Appeals

10.—(1) A person who comes within paragraph (2) may appeal against the order of a judge advocate or the determination of a commanding officer made under these Regulations by sending a written notice of appeal to the court administration officer within 14 days of the original decision being made or conveyed to that person, whichever is later, subject to paragraph (14).

(2) The persons who may appeal against an order or determination are—

(a) a service policeman;

(b) a person claiming to be the owner of the property;

(c) a person in whose possession the property was before it was seized (other than the offender).

(3) The notice of appeal must state—

(a) the order of the judge advocate or determination made by the commanding officer that the appellant wants to appeal,

(b) the reasons for appealing against the order or determination, and

(c) the order the appellant wants the Judge Advocate General to make.

(4) The court administration officer must forward the notice of appeal to—

(a) the Judge Advocate General, and

(b) the judge advocate or commanding officer against whose order or determination the notice of appeal is lodged.

(5) The Judge Advocate General may—

(a) uphold the appeal without a hearing and—

(i) where the appeal is made against an order or determination made under regulation 3, 5, or 7, make any order that a judge advocate may make under regulation 3(2) in respect of the property, or

(ii) where the appeal is made against an order or determination made under regulation 4 or 6, make any order that a judge advocate may make under regulation 4(3) or (5) in respect of the property,

(b) inform the court administration officer that the Judge Advocate General is minded to dismiss the appeal without a hearing, or

(c) direct a hearing of the appeal by a judge advocate.

(6) Where the Judge Advocate General is minded to dismiss the appeal without a hearing, the court administration officer must give written notice to the appellant of that fact.

(7) Where the appellant is given notice under paragraph (6), the appeal will be treated as dismissed unless the appellant gives written notice to the court administration officer no later than 14 days after the date of the notice under paragraph (6), requesting a hearing of the appeal.

(8) There must be a hearing of the appeal if—

(a) the Judge Advocate General directs a hearing under paragraph (5)(c), or

(b) the appellant gave notice in accordance with paragraph (7).

(9) If the appeal is against an order of a judge advocate that judge advocate may not hear the appeal.

(10) At a hearing of an appeal—

(a) the appellant may address the judge advocate, and

(b) where the appeal is against a determination of a commanding officer that commanding officer may make written representations or, with leave, address the judge advocate.

(11) The judge advocate may—

(a) dismiss the appeal, or

(b) make any order that the judge advocate general may make under paragraph (5)(a) in respect of the property.

(12) Where an order is made under paragraph (5)(a) or (11)(b), the court administration officer must send a copy of it to—

(a) the appellant;

(b) the person appearing to be the owner of the property (unless they are the appellant);

(c) the service police or the commanding officer in possession of the property (unless a service policeman or that commanding officer, as the case may be, is the appellant).

(13) Where an order is made under paragraph (5)(a) or (11)(b) it does not affect the right of any person to take proceedings for the recovery of that property, but on the expiration of six months from the date of any order made under paragraph (5)(a) or (11)(b) that right ceases.

(14) A person may not appeal against the order of a judge advocate if that order was made pursuant to an appeal under this regulation.