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The Armed Forces (Court Martial) Rules 2009

The Armed Forces (Court Martial) Rules 2009 reg 119

reg 119 Direction that variation proceedings be held

(1) Variation proceedings may be held only in accordance with a direction given under this rule. (2) After the conclusion of any proceedings in which a sentence was imposed, the judge advocate for those proceedings may direct the court administration officer to appoint a time and place for variation proceedings in respect of the sentence. (3) The judge advocate may give a direction under this rule— (a) on the application of the Director or the offender; or (b) of his own motion. (4) An application for a direction under this rule— (a) must be made in writing to the court administration officer, stating the grounds on which it is made; (b) if made by the Director, must be served on the offender; and (c) if made by the offender, must be served on the Director. (5) Where the judge advocate dismisses an application for a direction under this rule, the court administration officer shall notify the Director and the offender of that fact.

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