6 S.I.
2009/2657: Reported for defective drafting
Court Martial Appeal Court Rules 2009 (S.I. 2009/2657)
6.1 The Committee draws the special attention
of both Houses to these Rules on the ground that they are defectively
drafted in one respect.
6.2 Rule 51(1) states:
The registrar must serve—
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| on the person whose conviction or sentence the Commission refers to the court under section 12A of the 1995 Act, or on the person in relation to whom the finding was made that the Commission refers under that section, a copy of the reference;
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| (b) | | on the person with respect to whose—
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| (i) | conviction the Judge Advocate General or the Secretary of State makes the reference of a finding under section 34, or
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| (ii) | sentence the Secretary of State makes the reference of a sentence under section 34,
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| | a copy of the reference; and
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| (c) | | on any other person directly affected by a reference referred to in sub-paragraph (a) or (b).
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6.3 In a memorandum printed at Appendix 6 the Ministry of Defence
acknowledges that text has been omitted in error from rule 51(1)(c)
and explains that the words ", a copy of the reference"
should have been included at the end. The Department states that
it will issue a correction slip if acceptable to the Committee.
The Committee's approach to correction slips is set out in its
Thirteenth Report of Session 2008-09 in relation to S.I. 2009/356.
In this case there is an obvious error and it is small-scale,
but the nature of the correction required is not obvious, for
it might be thought that in the case of a person mentioned in
rule 51(1)(c) the intention was to require additional material
to be served, not merely a copy of the reference. The Committee
accordingly considers that a correction slip is not appropriate
in this case and that an amending instrument is called for. It
reports rule 51(1)(c) for defective drafting, acknowledged by
the Department.
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