# The Armed Forces (Custody Proceedings) Rules 2009, Article 18: Legal representation


(1) The person to whom the proceedings relate and the commanding officer shall each have the right to be legally represented at a hearing.
(2) The person to whom the proceedings relate may appoint a legal representative to act for him in these proceedings.
(3) The commanding officer may be legally represented at a hearing.
(4) A person may be appointed as a legal representative under paragraph (2) or (3) only if he is—
(a) a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
(b) an advocate or solicitor in Scotland;
(c) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or
(d) a person who has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
(5) The commanding officer shall ensure that the person to whom proceedings relate is afforded reasonable opportunity of communicating with his legal representative.
(6) Any right conferred or duty imposed by these Rules on the person to whom the proceedings relate may be exercised or, as the case may be, performed by his legal representative on his behalf.
(7) A legal representative appointed under this rule shall notify the court administration officer of—
(a) his name and address;
(b) the name of the person in respect of whom he is acting and, where applicable, that person’s rank or rate, service number and unit; and
(c) the proceedings in connection with which he has been appointed.
(8) Where the person to whom the proceedings relate revokes his legal representative’s appointment, he shall as soon as reasonably practicable notify the court administration officer and the commanding officer of that fact.

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Source: https://www.legislation.gov.uk/uksi/2009/1098/article/18 (the official version)
Page: https://openlegislation.uk/armed-forces-custody-proceedings-rules-2009/article-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

