Application and interpretation of Chapter 3
This Chapter applies with respect to any application or appeal under Chapter 1 or 2 and to any hearing with respect to such an application or appeal and any reference in this Chapter to “appellant”, “appeal”, “application”, “hearing”, “party” or “ respondent ” shall be construed accordingly.
Power to vary requirements of Chapters 1 and 2
A judge of the court or the registrar may— (a) shorten a time limit or extend it (even after it has expired); (b) allow a person to vary any notice which that person has served; (c) direct that a notice or application be served on any person; and (d) allow an application to be presented orally.
Hearings
(1) Unless the court directs otherwise, the court must hear in public an application or appeal. (2) Where a hearing relates to a public interest order that hearing must be in private unless the court otherwise directs. (3) Where an appellant wants to appeal against an order (including directions) of the Court Martial restricting the access of the public to the whole or part of any proceedings of the Court Martial, the court— (a) may decide without a hearing— (i) an application, including an application for permission to appeal, and (ii) an appeal; but (b) must announce its decision on such an appeal at a hearing in public. (4) A judge of the court or the registrar may exercise any of his powers under Chapter 1 or 2— (a) at a hearing in public, in private or in the absence of a party and his legal representative; or (b) without a hearing.
Notice of hearings and decisions
(1) Subject to paragraph (3), the registrar must give as much notice as is reasonably practicable of every hearing to— (a) the parties; (b) the custodian, if any, of any party; (c) any other person whom the court requires to be notified; and (d) the court administration officer. (2) Subject to paragraph (3), the registrar must serve every decision of a judge of the court, the court or the registrar on— (a) the parties; (b) any other person whom the court requires to be served; and (c) the custodian, if any, of any party where the decision determines an appeal or an application for permission to appeal. (3) Where a hearing or decision is about a public interest order, the registrar must not— (a) give notice of the hearing to, or (b) serve that decision on, anyone other than the Director, unless the court otherwise directs.
Right to attend a hearing
(1) An appellant or respondent who is in custody has a right to attend a hearing in public. (2) If the court or the registrar so directs, a right to attend under paragraph (1) may be met by attendance by live link. (3) In paragraph (2) “ live link ” means an arrangement by which a person, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the court during proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded).
Powers of a judge of the court
A judge of the court may grant or refuse— (a) permission to appeal under this Part; or (b) an application for permission to adduce evidence.
Exercise by a judge of the court or the registrar of a power under this Part
(1) Where a judge of the court or the registrar exercises, or refuses to exercise, a power specified in rule 38 or a judge of the court exercises, or refuses to exercise, a power specified in rule 42, the registrar must, within seven days of the exercise or refusal, serve notice on the appellant and the respondent of the exercise of, or refusal to exercise, that power. (2) If the registrar refuses an application on the part of the appellant or respondent to exercise in his favour any of the powers specified in rule 38, the appellant or respondent (as the case may be) shall be entitled to have the application determined by a judge of the court. (3) If a judge of the court refuses an application on the part of the appellant or respondent to exercise in his favour any of the powers specified in rule 38 or 42, the appellant or respondent (as the case may be) shall be entitled to have the application determined by the court as duly constituted for the purpose in accordance with section 5.
Determination of appeal
On hearing an appeal to which this Part applies, the court shall have power to— (a) confirm, reverse or vary the order or ruling complained of; and (b) make such order as to costs as it thinks fit.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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