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EXPLANATORY NOTE

(This note is not part of the Regulations)

The Rules set out in the Schedule amend the Courts-Martial Appeal Rules 1968 (S.I. 1968/1071). They make specific procedural provision with respect to references and applications for reviews of sentencing by the Courts-Martial Appeal Court where the Attorney General considers a sentence awarded by a court-martial for a qualifying offence to be unduly lenient. These Rules are broadly equivalent to those provisions in Part 70 of the Criminal Procedure Rules (S.I. 2005/384) and supplement the Courts-Martial Appeal (Review of Sentencing) Regulations 2007 (S.I.2007/660 ).

Rule 8B stipulates the information that is to be contained in an application for leave to refer a case to the Courts-Martial Appeal Court, including the reasons why it appears to the Attorney General that the sentence awarded was unduly lenient, and provides that the notice giving requirement will be satisfied by the sending of the application.

Rule 8C specifies a number of the duties of the registrar of the Courts-Martial Appeal Court including the duty to inform an offender whose sentence is the subject of a review of the possible effects of such a review and his rights in relation to his presence during any hearings relating to the review. The obligations include a duty to invite an offender to give notice within a specified time if he wishes to seek leave to be present during a hearing, present argument or have documents or other exhibits made available to him. The registrar is also obliged to advise the offender to consult a legal adviser. The rule further provides that the Courts-Martial Appeal Court will not hear argument on behalf of the Attorney General until the expiry of the time specified by the registrar for the offender to give notice of his intentions in relation to the hearing other than with the agreement of the offender.

Rule 8D provides that the reference must be made in writing and sets out the information required supporting the reference. It further allows for the Courts-Martial Appeal Court to order that an application be treated as the reference where it is satisfied that an application contains all of the necessary information.

Rule 8E makes provision for the Attorney General to withdraw or amend an application or reference. Rule 8F provides that the registrar may require the trial judge advocate or the court administration officer to provide the Courts-Martial Appeal Court with assistance where necessary.

Rule 8G provides for the registrar to make arrangements for an offender, on request, to be supplied with, or be able to inspect, documents relating to a referral, whilst Rule 8H provides for the service of documents in relation to reviews of sentence.

Rule 18 (1) is amended to make provision for the Attorney General to apply for leave to refer a point of law relating to the unduly lenient sentence to the House of Lords.