熱門推薦罰單破解實戰交通警察名師 25 年經驗,親授警察臨檢、檢舉魔人、科技執法、車禍糾紛的執法邏輯看課程介紹
購物車我的課程我的書籤免費註冊

The Court Martial Appeal Court Rules 2009 PART 12 — APPEALS TO THE SUPREME COURT

63–642 provisions

Applications in relation to the Supreme Court

63

(1) An application to the court— (a) pursuant to section 39(2) of the 1968 Act or regulation 26(2) of the 2024 Regulations for permission to appeal to the Supreme Court, (b) to extend, by virtue of section 40(2) of the 1968 Act or regulation 27(4) of the 2024 Regulations , the time for making an application for permission to appeal, (c) to grant bail under section 42, (d) pursuant to section 274(2) of the 2006 Act for permission to refer a point of law to the Supreme Court, or (e) for permission to be present at the hearing of any application to which this paragraph applies, must, unless made orally at the hearing before the court, be made in writing. (2) An application in writing mentioned in sub-paragraph (a) or (d) of paragraph (1) must specify the point which the applicant wants the court to certify as being of general public importance and must state the reasons why that point ought to be considered by the Supreme Court, numbering each point consecutively (if there is more than one), and concisely outlining each argument in support. (3) An application in writing mentioned in paragraph (1) must (in addition to anything required under paragraph (2)) contain— (a) the required information, (b) the date of the decision of the court, (c) as appropriate, the address or place of custody of the person to whom proceedings relate, and (d) if applying for an extension of time under section 40(2) of the 1968 Act or regulation 27(4) of the 2024 Regulations , the reasons for the delay, and must be signed and dated by the applicant or his legal representative. (4) Rules 19 to 23 shall apply to an application mentioned in paragraph (1) as they apply to applications in relation to appeals to the court. (5) Rules 52 and 53 shall apply to the exercise, by virtue of section 48 of the 1968 Act or regulation 37 of the 2024 Regulations , by a judge of the court of the powers of the court in relation to an application referred to in sub-paragraph (b), (c) or (e) of paragraph (1). (6) In the case of an appeal to the Supreme Court under section 13 of the Administration of Justice Act 1960 (appeals in the case of contempt of court)— (a) bail may be granted either by the court or by a judge of the court; (b) the grant of bail may be subject to such conditions as the court or a judge of the court may direct; (c) paragraphs (1), (3) and (4) shall apply to an application for bail as if the application were an application for bail under section 42; (d) rules 52 and 53 shall apply to the exercise by a judge of the court of the power to grant bail under this paragraph.

Hearings

64

Where a party wants to appeal or the Attorney General wants to make a reference under section 274(1) of the 2006 Act to the Supreme Court the court— (a) may decide without a hearing an application for permission to appeal or to make the reference; (b) must announce its decision on the application at a hearing in public.

Back to The Court Martial Appeal Court Rules 2009 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).