Explanatory note

These Rules make amendments to the Courts-Martial (Army) Rules 1997, the Courts-Martial (Royal Air Force) Rules 1997, and the Courts-Martial (Royal Navy) Rules 1997 (“the Courts-Martial Rules”).

Rules 2(2) and 3(2) amend rule 2 of each of the Courts-Martial Rules to include within the definition of “the prosecutor” persons other than prosecuting officers who may be appointed to appear on behalf of the prosecuting authority.

Rules 2(3) and 3(4) insert new rules into each of the Courts-Martial Rules to provide for the admission of evidence of bad character and hearsay evidence under Chapters 1 and 2 of Part 11 of the Criminal Justice Act 2003. By virtue respectively of section 113 and Schedule 6, and section 135 and Schedule 7, of that Act, Chapters 1 and 2 have effect, subject to modification, in relation to proceedings before courts-martial. Rule 5 of these Rules inserts the forms relating to the admission of evidence of bad character and hearsay evidence into each of the Courts-Martial Rules. The new rules only apply to proceedings in relation to which the charge is preferred on or after 1 July 2005.

Rule 3(3) also inserts new rules into the Courts-Martial (Royal Navy) Rules 1997, derived from the Courts-Martial (Army) Rules 1997 and the Courts-Martial (Royal Air Force) Rules 1997, to make provision for the procedures, conduct and recording of formal preliminary examinations.

Rule 4 makes further amendments to the Courts-Martial (Royal Navy) Rules 1997 relating mainly to the respective roles of the judge advocate and the president of a court-martial.