While an appeal period is running or an appeal is pending, which court decides on renewal of the detention period, release, bail or suspension of execution?
General information · Not legal advice
Material to check
In the practice file for this exercise, we check the copy of the notice of appeal and its receipt stamp, any record of the date the case papers were sent up, and the papers behind the request itself, such as the detention record, a bail application or a request to suspend execution.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's allocation as a whole: for decisions on renewal of the detention period, cancellation of detention, bail, suspension of execution of detention and revocation of that suspension, the originating military court acts, and in a supreme appeal the high court is treated as that court, with the trigger being that the case record is with it.
Another reading stresses the condition on where the record sits, 'when the case record is with the originating military court', so the provision speaks directly to the moment the record is there, and its words do not on their face name the body that rules once the record has been sent upward.
Your judgment
If a request to lift detention arrives after the record has left the originating court, what in the file would show which body the ruling must come from?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to say expressly who decides when the record is with a higher court, or if a court decision resolves that question for supreme appeals.