The Courts-Martial (Army) Rules 1997
S.I. 1997/169 · Made 12 February 1997
DEFENCE
Made 12th February 1997
Laid before Parliament 14th February 1997
Coming into force 1st April 1997
The Secretary of State, in exercise of the powers conferred on him by sections 75(2), 83B(11), 84A, 92(5), 93(3), 94(5), 102(1), 103 113(1), 141(1), 143(1) and 209(3B), of the Army Act 1955f1, hereby makes the following Rules:—
Annotations to the whole text
Footnotes
- f1
-
1955 c. 18; section 103 was substituted by, sections 92(5), 143(1) and 209(3B) were amended by and sections 83B(11) and 84A were inserted by the Armed Forces Act 1996 (c. 46), section 5 and Schedule 1. Section 113 was substituted by the Armed Forces Act 1996, section 16 and Schedule 5.
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Service on an accused
- Part II: PROSECUTION OF OFFENCES
- 4Referring a case to the prosecuting authority
- 5Formal preliminary examination
- 6Conduct of formal preliminary examination
- 7Charge sheet
- 8Charges and joinder
- 9Notifying the accused’s commanding officer
- 10Notifying the court administration officer
- 11Notification of trial
- 12Discontinuing proceedings before trial
- 13Description of the court-martial
- 14Amending charges and additional charges before trial
- Part III: GENERAL MATTERS
- 15Conduct of the defence
- 16Convening the court
- 17Ineligibility for membership of courts-martial
- 18Appointment of court officials
- 19Delegation of the court administration officer’s functions
- 20Additional evidence before trial
- 21Witness not called by the prosecutor
- 22Witnesses for the accused
- 23Witness summons
- 24Oaths and affirmations
- Part IV: PRELIMINARY PROCEEDINGS
- 25Hearing for directions
- 26Hearing for directions in chambers
- 27Substance of a hearing for directions
- 28Hearing for directions without notice to the accused
- 29Preparatory hearing
- 30Challenges and oaths at a preparatory hearing
- 31Substance of a preparatory hearing
- Part V: PROCEEDINGS AT COURT-MARTIAL
- 32The judge advocate
- 33The president
- 34Sittings and adjournment
- 35Record of proceedings
- 36Closed court
- 37Pre-trial hearing
- 38Challenges and oaths at a pre-trial hearing
- 39Substance of a pre-trial hearing
- 40Challenges by the accused
- 41Administration of oaths and affirmations
- 42Commencement of the trial
- 43Judge advocate sitting alone
- 44Severance
- 45Arraignment
- 46Guilty plea
- 47Alternative charges
- 48Additional charges during trial
- 49Changes to the charge sheet during trial
- 50Changes to the charge sheet by the court
- 51Procedure after guilty plea
- 52Pleas of guilty and not guilty on one charge sheet
- 53Dispute on facts after finding of guilty
- 54Change of plea
- 55Procedure after not guilty plea
- 56Additional evidence during trial
- 57Expert evidence
- 58Exhibits
- 59Presence of witnesses
- 60Evidence through television link
- 61Video recordings of testimony from child witnesses
- 62Examination of witnesses
- 63Submission of no case to answer
- 64Finding of not guilty before conclusion of the defence
- 65The case for the defence
- 66Witnesses for the defence
- 67Further evidence
- 68Closing addresses
- 69Summing up
- 70Deliberation on finding
- 71Special finding
- 72Record of finding
- 73Inquiry into finding
- 74Offences taken into consideration
- Part VI: SENTENCING
- 75Pre-sentence report and previous convictions
- 76Evidence before sentencing
- 77Evidence on behalf of the accused
- 78Postponement of deliberation on sentence
- 79Deliberation on sentence
- 80Announcement of sentence
- 81Conclusion of the trial
- Part VII: REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
- 82The petition
- 83Reasons
- Part VIII: MISCELLANEOUS
- 84Application of the rules to civilians
- 85Periodic review of arrest
- 86Bankers' Books Evidence Act 1879
- 87Custody of the record
- 88Imprisonment in default; manner of payment of fine
- 89Circumstances not provided for
- 90Revocations and savings
- Signature
- Schedule 1: CHARGES AND JOINDER
- Part I: RULES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- IIPart II
- Schedule 2FORMS
- Schedule 3: OATHS AND AFFIRMATIONS
- Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II: FORMS OF OATH
- 5President and members other than the judge advocate
- 6Persons under instruction
- 7Interpreter
- 8Witness
- 9Form for a person under 18
- Part III: FORM OF SCOTTISH OATHS
- 10Paragraph 10
- Part IV: FORM OF SOLEMN AFFIRMATIONS
- 11Paragraph 11
- Schedule 4HEARING FOR DIRECTIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- Schedule 5: GUIDANCE FOR PETITIONERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 6: CIVILIANS
- IMODIFICATIONS FOR CIVILIANS
- Part II: ADDITIONAL RULES FOR CIVILIANS
- 1Prosecution of civilians
- 2Accused’s parent or guardian
- Part III: APPEALS FROM STANDING CIVILIAN COURTS
- 3Forwarding an appeal to the prosecuting authority
- 4Charge sheet on appeal
- 5Appeal against sentence alone
- 6Sentencing on appeal
- 7Appeal by parent or guardian of an accused
- 8Abandonment of appeal
- Schedule 7REVOCATIONS
- Explanatory note