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Article 3 Interpretation: general

United Kingdom

(1)

Any reference in these Rules to a numbered section is to that section of the Act unless otherwise stated.

(2)

In these Rules—

  • “the Act” means the Armed Forces Act 2006;

  • “the 1967 Act” means the Criminal Justice Act 1967 M1;

  • “the 2003 Act” means the Criminal Justice Act 2003;

  • “the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M2;

  • “advance information” has the meaning given by rule 42(2);

  • “bad character” has the meaning given by section 98 of the 2003 Act;

  • “civilian police force” means a UK police force or a British overseas territory police force;

  • F1“the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;

  • “the court” means the Summary Appeal Court;

  • “DX” means document exchange;

  • “the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 142(3);

  • “lay members” means those persons who are members of the court by virtue of section 142(1)(b) or (c);

  • “legal representative” means a person appointed under rule 41;

  • “live link” has the meaning given by rule 25(3)(a);

  • “pre-sentence report” has the meaning given by section 257; and

  • “unit” means—

    1. (a)

      a naval ship or establishment;

    2. (b)

      any body of members of Her Majesty's forces formed under the command of a person appointed to be the commanding officer of the body; or

    3. (c)

      an air force station.

Annotations

Textual amendments

F1

Words in rule 3(2) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 3

Marginal citations

M1

1967 c. 80.

M2

S.I. 2009/988.