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In forceAmended2020 Revised Edition
Contents

Part 7 · Military Court of Appeal

157. Summary rejection of appeal

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Amended

Last amended by an amending law of 2021.

(1)

Where —

(a)

the grounds of appeal do not raise any question of law; and

(b)

it appears to the Military Court of Appeal that —

(i)

the evidence is sufficient to support the conviction; and

(ii)

there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the Court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of the president of the Court, certifying that the members of the Court, having perused the record, are satisfied that the appeal has been brought without any sufficient ground of complaint.

(2)

Notice of a rejection under subsection (1) must be served upon the appellant.

(3)

If, in any case rejected under subsection (1), the appellant gives, within 7 days of service of notice of rejection upon him or her, notice to the registrar of the Military Court of Appeal of application for permission to amend his or her grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate and solicitor specifying the question to be raised and undertaking to argue it, the Military Court of Appeal may grant the appellant permission to amend accordingly and must restore the appeal for hearing.

(4)

For the purposes of subsection (3), the question whether a sentence ought to be reduced is deemed not to be a question of law.

Report

Part 8

Arrests, Searches and Investigations

Part 9

Bail and Bonds

Part 10

Boards of Inquiry

Part 11

PAY

Part 12

Emergency Powers

Part 12A

Aid to Civilian Authorities

Part 13

Miscellaneous

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