The Court Martial (Prosecution Appeals) Order 2009
This Order makes provision for prosecution appeals from rulings made in Court Martial trials and for the procedure to be followed in such appeals. The provisions of this order are made in consequence of those relating to prosecution appeals in Part 9 of the Criminal Justice Act 2003 (the 2003 Act). The power for the Secretary of State to make provision in consequence of criminal justice enactments derives from section 323 of the Armed Forces Act 2006 (“the 2006 Act”). This Order replaces the Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786), which made similar equivalent provision under section 31 of the Armed Forces Act 2001, for the purposes of court-martial trials prior to the establishment of the standing Court Martial under the 2006 Act. This order also replaces the Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006 (S.I. 2006/1788), which made procedural provision for prosecution appeals in court-martial trials. That order was also made under section 31 of the 2001 Act, in consequence of the provisions of Part 7 of the Courts Act 2003, under which the Criminal Procedure Rules 2005 (S.I. 2005/384) were made. Those Rules provide for the procedure in civilian prosecution appeals.