The Court Martial Appeal Court (Amendment) Rules 2024
Background
The Court Martial Appeal Court (CMAC) is the highest court in the United Kingdom for hearing appeals against decisions of courts-martial. The CMAC is a civilian court, but it has jurisdiction over members of the armed forces who have been convicted by a court-martial.
The Court Martial Appeal Court (Amendment) Rules 2024 (the “Rules”) were made by the Lord Chancellor on 28th October 2024 and come into force on 1st January 2025. The Rules amend the Court Martial Appeal Court Rules 2009 (the “2009 Rules”) in a number of ways.
Key Changes
The key changes introduced by the Rules include:
- New powers for the CMAC to strike out appeals. The CMAC will now have the power to strike out an appeal if it considers that the appeal is frivolous or vexatious, or if the appellant has no reasonable prospect of success. This power will help to streamline the appeals process and ensure that the CMAC only hears appeals that have a real chance of success.
- New rules on the admissibility of evidence. The Rules introduce new rules on the admissibility of evidence in appeals before the CMAC. These rules will help to ensure that the CMAC has access to all of the relevant evidence when making its decisions.
- New rules on the costs of appeals. The Rules introduce new rules on the costs of appeals before the CMAC. These rules will help to ensure that appellants are not deterred from appealing by the fear of having to pay excessive costs.
Impact of the Changes
The changes introduced by the Rules will have a significant impact on the appeals process before the CMAC. The new powers to strike out appeals will help to streamline the process and ensure that the CMAC only hears appeals that have a real chance of success. The new rules on the admissibility of evidence and the costs of appeals will also help to ensure that the CMAC has access to all of the relevant information when making its decisions and that appellants are not deterred from appealing by the fear of having to pay excessive costs.
Conclusion
The Court Martial Appeal Court (Amendment) Rules 2024 are a significant reform of the appeals process before the CMAC. The changes introduced by the Rules will help to streamline the process, ensure that the CMAC has access to all of the relevant information when making its decisions, and ensure that appellants are not deterred from appealing by the fear of having to pay excessive costs.
The Court Martial Appeal Court (Amendment) Rules 2024
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