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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Courts-Martial Appeal (Amendment) Rules 2007 No. 710 URL: http://www.bailii.org/uk/legis/num_reg/2007/20070710.html

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" "the 1955 Acts" means the Army Act 1955[2] and the Air Force Act 1955[3];
"the 1957 Act" means the Naval Discipline Act 1957[4];
"the 2007 Regulations" means the Courts-Martial (Review of Sentencing) Regulations 2007[5]"; and

(b) after "exhibit" insert—

" "offender" means for the purpose of Rules 8B to 8H the person whose sentencing is the subject of a reference under section 113C(1) of the 1955 Acts or section 71AC(1) of the 1957 Act."

     2. After rule 8A insert—

" Attorney General's reference of unduly lenient sentence: applications
     8B. —(1) This rule and rules 8C to 8H apply when the Attorney General makes an application for leave to refer a case to the court under section 113C(1) of the 1955 Acts or section 71AC(1) of the 1957 Act.

    (2) An application under paragraph (1) shall be in writing and—


(a) specify—


(i) the name of the offender;

(ii) the date on which, and the offence of which, he was convicted;

(iii) the sentence passed on him in respect of that offence;

(iv) the date on which sentence was passed (if later than the date under sub-paragraph (ii)); and

(v) the judge advocate by whom, and the courts-martial centre at which, the sentence was passed.



(b) state the reason why it appears to the Attorney General that the sentencing of the offender was unduly lenient; and

(c) be entitled, as appropriate, “Reference under—

(d) section 113C(1) of the Army Act 1955;

(e) section 113C(1) of the Air Force Act 1955; or

(f) section 71AC(1) of the Naval Discipline Act 1957,



to the Courts-Martial Appeal Court for review of sentence” together with the year and number of the application and the name of the offender.

    (3) The sending of the application to the registrar shall constitute the giving of notice of the application for the purpose of regulation 2 (Applications to the Courts-Martial Appeal Court) of the 2007 Regulations.

Duties of the registrar on receipt of application
     8C. —(1) The registrar shall, as soon as practicable after receiving an application, cause to be served on the offender a copy of it together with a notice which—



(a) informs him that the result of any reference could be that the court would quash the sentence passed on him in the proceedings and in place of it pass such sentence as they thought appropriate for the case and as the court below had power to pass when dealing with him (including a greater punishment);

(b) informs him of the effect of regulations 6(1) (entitlement for offender to be present at hearings), 6(2) (offender in custody requires leave to be present at hearing), 6(3) (power of court to pass sentence on offender not present) and 8 (entitlement of offender to reasonable costs out of central funds) of the 2007 Regulations; and

(c) invites him, within such period as the registrar may specify (being not less than 14 days from the date of service on him of the notice), to serve notice on the registrar if he wishes—


(i) to apply to the court for leave to be present under regulation 6(2) of the 2007 Regulations; and

(ii) to present any argument to the court on the hearing of the application or, if leave is given, of the reference, and whether to present it in person or by counsel on his behalf.



(d) draws to his attention the effect of rule 8G (supply of documentary and other exhibits); and

(e) advises him to consult a legal adviser as to his position as soon as possible.



    (2) The court shall not hear argument by or on behalf of the Attorney General until the period specified by the registrar has expired unless the offender agrees or has indicated that he does not wish to present any argument to the court.

    (3) For the purpose of this rule—



"legal adviser" means a person who—
(a) has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990[6];

(b) is an advocate or solicitor in Scotland;

(c) is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(d) has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British Overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales and is subject to punishment or disability for a breach of professional rules.



References to the court
     8D. —(1) Every reference shall be in writing and —



(a) contain the information required by rule 8B(2) to be specified in an application;

(b) summarise the arguments intended to be put to the court; and

(c) specify the authorities intended to be cited.



    (2) The reference shall bear the same title as the application.

    (3) Subject to paragraph (4), the reference shall be sent on behalf of the Attorney General to the registrar, who shall, as soon as practicable after receiving it, serve a copy of it on the offender.

    (4) Where the court gives leave for a case to be referred to it and is satisfied that the document comprising the application also contains the material required by paragraph (1), the court may order that the document be treated for the purpose of these Rules as the reference; and in that case paragraph (3) shall not apply.

Withdrawal or amendment of application or reference
     8E. The Attorney General may withdraw or amend an application or reference at any time before the court has begun the hearing of the application or reference as the case may be, or, after that, and until the court has given its decision, may withdraw or amend the application or reference by leave of the court, and notice of such withdrawal or amendment shall be served on the registrar and on the offender on behalf of the Attorney General.

Registrar's power to require information from court martial
     8F. The registrar may require the trial judge advocate or the court administration officer to furnish the court with any assistance or information which it may require for the purpose of exercising its jurisdiction.

Supply of documentary and other exhibits
     8G. —(1) The registrar shall, on request, supply to the offender copies of documents or other things required for the application or reference and in such case may make charges in accordance with scales and rates fixed from time to time by the Treasury.

    (2) The registrar shall, on request, make arrangements for the offender to inspect any document or other thing required for the application or reference.

    (3) This rule shall not apply to the supply of transcripts of any proceedings or part of proceedings.

Service of documents
     8H. —(1) For the purposes of rules 8B to 8E service of a document on the offender may be effected—



(a) by delivering it to the person to whom it is directed; or

(b) by sending it by post addressed to him at his unit or place of abode.



    (2) For the purposes of rules 8B to 8E service of a document on the registrar may be effected—



(a) in the case of an offender who is in custody, by delivering it to the person having custody of him;

(b) by delivering it to the registrar;

(c) by addressing it to him and leaving it at his office in the Royal Courts of Justice, London WC2; or

(d) by sending it by post addressed to him at the said office.



    (3) A person having custody of an offender and to whom a document is delivered in pursuance of paragraph (2)(a) shall endorse on it the date of delivery and cause it to be forwarded to the registrar."

Applications in relation to appeals to the House of Lords
     3. In rule 18(1) after paragraph (c) insert —

" (ca) for leave to refer a case to the House of Lords under sections 113C(4) and (5) of the 1955 Acts or sections 71AC(4) and (5) of the 1957 Act; or".

[2] 1955 c.18back

[3] 1955 c.19back

[4] 1957 c.53back

[5] S.I. 2007/660back

[6] 1990 c.41.back

 © Crown copyright 2007