The Court Martial Appeal Court (Amendment) Rules 2024

• Citation: S.I. 2024/1060
• Sections: 16

Section 1 Citation, commencement and extent

(1) These Rules may be cited as the Court Martial Appeal Court (Amendment) Rules 2024.

(2) These Rules come into force on 20th November 2024.

(3) These Rules extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).

Section 2 Amendments to the Court Martial Appeal Court Rules 2009

The Court Martial Appeal Court Rules 2009 are amended as follows.

Section 3 Amendment to rule 2 (interpretation)

In rule 2 (interpretation)—

(a) in the appropriate places insert—

“ the 2024 Regulations ” means the Armed Forces (Appeals Against Review of Sentence) Regulations 2024;

“ offender ” means a person on whom the Court Martial has passed a sentence;

(b) in the definition of “person to whom proceedings relate”—

(i) in paragraphs (a) and (b), after “defendant” insert “or offender ” ;

(ii) after paragraph (h) insert— “;

(i) with respect to an appeal under section 304D or 304E of the 2006 Act, the offender

(c) in the definition of “preliminary proceedings”, in paragraph (b)—

(i) after “purpose of”, insert “—” ;

(ii) “trial proceedings against a defendant;” becomes sub-paragraph (i);

(iii) after that sub-paragraph, insert—

(ii) proceedings under section 304D or 304E of the 2006 Act;

Section 4 Amendment to rule 26 (reference of a question to a special commissioner)

In rule 26(1) (reference of a question to a special commissioner), after “section 30(1)” insert “of the 1968 Act or regulation 12(1) of the 2024 Regulations” .

Section 5 Amendment to rule 32 (service of appeal notice)

In rule 32(2)(c) (service of appeal notice), after “defendant” insert “or offender” .

Section 6 Amendment to the heading of Part 7 (appeals against conviction, sentence, finding of insanity, unfitness to plead or hospital order)

In the heading of Part 7 , after “sentence,” insert “review of sentence,” .

Section 7 Amendments to rule 45 (applicability of Part 7)

In rule 45 (applicability of Part 7)—

(a) after “or 25A” in both places it occurs, insert “of the 1968 Act or under section 304D or 304E of the 2006 Act” ;

(b) in paragraph (1), for “an individual” substitute “a party to the proceedings” ;

(c) in paragraph (3), for “individual” substitute “party to the proceedings” .

Section 8 Amendments to rule 46 (application for permission to appeal)

In rule 46 (application for permission to appeal), in paragraph (1)(c)—

(a) at the end of paragraph (ii), omit “or”;

(b) after paragraph (ii) insert—

(iia) decision on review of sentence under section 304D or 304E of the 2006 Act, or

Section 9 Amendments to rule 47 (prescribed period)

In rule 47 (prescribed period)—

(a) after “section 9(1)”, insert “of the 1968 Act or regulation 4(1)(a) of the 2024 Regulations” ;

(b) at the end of paragraph (b), omit “or”;

(c) after paragraph (b), insert—

(ba) decision on review of sentence under section 304D or 304E of the 2006 Act, or

Section 10 Amendments to rule 52 (notification)

In rule 52 (notification)—

(a) after “or 36B” insert “of the 1968 Act or under regulation 20, 21 or 22 of the 2024 Regulations” ;

(b) for “appellant and the Director” substitute “parties to the proceedings” .

Section 11 Amendments to rule 53 (further applications to a judge or to the court: additional rules)

In rule 53 (further applications to a judge or to the court: additional rules)—

(a) at the end of paragraph (1)(a), omit “or”;

(b) at the end of paragraph (1)(b) insert “or

(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,

(c) in paragraph (3), after the words “section 36(2)”, insert “of the 1968 Act or regulation 20(3) of the 2024 Regulations” ;

(d) in paragraph (4), in both places they occur, for the words “appellant or the Director” substitute “party” ;

(e) in paragraph (5) after “appellant” insert “, or the offender, as the case may be,” ;

(f) in paragraph (7), after the words “section 36(2)”, insert “of the 1968 Act, or a party to the proceedings makes an application under regulations 20(3) of the 2024 Regulations,” .

Section 12 Amendments to rule 63 (applications in relation to the Supreme Court)

In rule 63 (applications in relation to the Supreme Court)—

(a) in paragraph (1)—

(i) in paragraph (a), after “section 39(2)” insert “of the 1968 Act or regulation 26(2) of the 2024 Regulations” ;

(ii) in paragraph (b), after “section 40(2)” insert “of the 1968 Act or regulation 27(4) of the 2024 Regulations” ;

(b) in paragraph (3)(d), after “section 40(2)” insert “of the 1968 Act or regulation 27(4) of the 2024 Regulations” ;

(c) in paragraph (5), after “section 48”, insert “of the 1968 Act or regulation 37 of the 2024 Regulations” .

Section 13 Amendment to rule 66 (register and cause list)

In rule 66 (register and cause list), after “under the 1968 Act” insert “or under section 304D or 304E of the 2006 Act” .

Section 14 Amendment to rule 68 (enforcement of duties)

For rule 68 (enforcement of duties), substitute—

(68) The performance of any duty imposed upon any person by or under—

(a) the 1968 Act,

(b) section 304D or 304E of the 2006 Act,

(c) the 2024 Regulations, or

(d) these Rules,

may be enforced by order of the court.

Section 15 Amendment to Schedule 2

In Schedule 2, in the form, after the entry “Permission to appeal against sentence: Yes/No?” insert—

Permission to appeal against review of sentence: Yes/No?

Section 16 Amendments to Schedule 3

Schedule 3 is amended as follows—

(a) in the heading, after the words “section 36(2)”, insert “of the 1968 Act or regulation 20(3) of the 2024 Regulations” ;

(b) in the form after the words “section 36(2)”, insert “of the 1968 Act or regulation 20(3) of the 2024 Regulations” .