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| Establishment, jurisdiction and powers of Military Court of Appeal |
| Oath and affirmation |
128.—(1) Before the president of the Military Court of Appeal enters upon the execution of his or her office, he or she must take in the presence of the Chief Justice the oath or affirmation of allegiance in the prescribed form.
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| Notice and petition of appeal |
129.—(1) An appeal is brought by way of a notice of appeal, signed by the appellant and lodged with the registrar of the Military Court of Appeal.
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| Bail pending appeal |
| 130. A subordinate military court may grant bail to any person who has lodged a notice of appeal against the person’s conviction or sentence in accordance with section 129. |
| Delivery of notice of appeal |
| 131. A copy of the notice of appeal must be delivered by the registrar to the president of the Military Court of Appeal and upon the issue of the convening order under section 132(1) to the other members of the Court and to the respondents. |
| Convening order |
132.—(1) Upon the lodging of a petition of appeal, the president of the Military Court of Appeal must issue a convening order.
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| Delivery of convening order |
| 133. A copy of the convening order must be delivered by the registrar of the Military Court of Appeal to the members of the Court, to the appellant and to the respondent as soon as possible. |
| Withdrawal of appeal |
| 134. The appellant may at any time, with the permission of the president of the Military Court of Appeal, withdraw the appellant’s appeal. |
| Joint or separate appeal |
| 135. The president of the Military Court of Appeal may order, where appeals by more than one party against a judgment have been submitted, that they must be heard jointly or separately. |
| Delivery of judgment and record to Military Court of Appeal |
| 136. Where an appeal has been lodged, the judgment, the record of the proceedings and any other relevant material of the subordinate military court must be delivered by the registrar to the president of the Military Court of Appeal, to the members of the Court and to the military prosecutor. |
| Proceedings in Military Court of Appeal |
137.—(1) Where a party to an appeal having been summoned does not attend, the Military Court of Appeal may hear the appeal in his or her absence.
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| Effect of death or sickness on Military Court of Appeal |
138.—(1) If the Military Court of Appeal, after the appeal starts, is by reason of death or otherwise reduced below the legal minimum, the Court must be dissolved.
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| Removal from office and bar to serve in Military Court of Appeal, etc. |
139.—(1) The Armed Forces Council may, on the advice of the Chief Justice, remove the president of the Military Court of Appeal from office for misbehaviour or for inability, whether from infirmity of body or mind or any other cause, properly to discharge the functions of his or her office.
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| Challenge by accused |
140.—(1) Where the appeal of an accused is about to be heard by the Military Court of Appeal, the accused may object for any reasonable cause to any member of the Court, other than the president of the Court, whether that member was appointed to serve thereon originally or to fill a vacancy caused by the retirement of a member objected to, so that the Court may consist of members to whom the accused makes no reasonable objection.
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