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The Courts-Martial (Army) Rules 1997

S.I. 1997/169 · Made 12 February 1997

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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

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Service on an accused
  5. Part II: PROSECUTION OF OFFENCES
  6. 4Referring a case to the prosecuting authority
  7. 5Formal preliminary examination
  8. 6Conduct of formal preliminary examination
  9. 7Charge sheet
  10. 8Charges and joinder
  11. 9Notifying the accused’s commanding officer
  12. 10Notifying the court administration officer
  13. 11Notification of trial
  14. 12Discontinuing proceedings before trial
  15. 13Description of the court-martial
  16. 14Amending charges and additional charges before trial
  17. Part III: GENERAL MATTERS
  18. 15Conduct of the defence
  19. 16Convening the court
  20. 17Ineligibility for membership of courts-martial
  21. 18Appointment of court officials
  22. 19Delegation of the court administration officer’s functions
  23. 20Additional evidence before trial
  24. 21Witness not called by the prosecutor
  25. 22Witnesses for the accused
  26. 23Witness summons
  27. 24Oaths and affirmations
  28. Part IV: PRELIMINARY PROCEEDINGS
  29. 25Hearing for directions
  30. 26Hearing for directions in chambers
  31. 27Substance of a hearing for directions
  32. 28Hearing for directions without notice to the accused
  33. 29Preparatory hearing
  34. 30Challenges and oaths at a preparatory hearing
  35. 31Substance of a preparatory hearing
  36. Part V: PROCEEDINGS AT COURT-MARTIAL
  37. 32The judge advocate
  38. 33The president
  39. 34Sittings and adjournment
  40. 35Record of proceedings
  41. 36Closed court
  42. 37Pre-trial hearing
  43. 38Challenges and oaths at a pre-trial hearing
  44. 39Substance of a pre-trial hearing
  45. 40Challenges by the accused
  46. 41Administration of oaths and affirmations
  47. 42Commencement of the trial
  48. 43Judge advocate sitting alone
  49. 44Severance
  50. 45Arraignment
  51. 46Guilty plea
  52. 47Alternative charges
  53. 48Additional charges during trial
  54. 49Changes to the charge sheet during trial
  55. 50Changes to the charge sheet by the court
  56. 51Procedure after guilty plea
  57. 52Pleas of guilty and not guilty on one charge sheet
  58. 53Dispute on facts after finding of guilty
  59. 54Change of plea
  60. 55Procedure after not guilty plea
  61. 56Additional evidence during trial
  62. 57Expert evidence
  63. 58Exhibits
  64. 59Presence of witnesses
  65. 60Evidence through television link
  66. 61Video recordings of testimony from child witnesses
  67. 62Examination of witnesses
  68. 63Submission of no case to answer
  69. 64Finding of not guilty before conclusion of the defence
  70. 65The case for the defence
  71. 66Witnesses for the defence
  72. 67Further evidence
  73. 68Closing addresses
  74. 69Summing up
  75. 70Deliberation on finding
  76. 71Special finding
  77. 72Record of finding
  78. 73Inquiry into finding
  79. 74Offences taken into consideration
  80. Part VI: SENTENCING
  81. 75Pre-sentence report and previous convictions
  82. 76Evidence before sentencing
  83. 77Evidence on behalf of the accused
  84. 78Postponement of deliberation on sentence
  85. 79Deliberation on sentence
  86. 80Announcement of sentence
  87. 81Conclusion of the trial
  88. Part VII: REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
  89. 82The petition
  90. 83Reasons
  91. Part VIII: MISCELLANEOUS
  92. 84Application of the rules to civilians
  93. 85Periodic review of arrest
  94. 86Bankers' Books Evidence Act 1879
  95. 87Custody of the record
  96. 88Imprisonment in default; manner of payment of fine
  97. 89Circumstances not provided for
  98. 90Revocations and savings
  99. Signature
  100. Schedule 1: CHARGES AND JOINDER
  101. Part I: RULES
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. 4Paragraph 4
  106. 5Paragraph 5
  107. 6Paragraph 6
  108. 7Paragraph 7
  109. 8Paragraph 8
  110. IIPart II
  111. Schedule 2FORMS
  112. Schedule 3: OATHS AND AFFIRMATIONS
  113. Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. 3Paragraph 3
  117. 4Paragraph 4
  118. Part II: FORMS OF OATH
  119. 5President and members other than the judge advocate
  120. 6Persons under instruction
  121. 7Interpreter
  122. 8Witness
  123. 9Form for a person under 18
  124. Part III: FORM OF SCOTTISH OATHS
  125. 10Paragraph 10
  126. Part IV: FORM OF SOLEMN AFFIRMATIONS
  127. 11Paragraph 11
  128. Schedule 4HEARING FOR DIRECTIONS
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. 11Paragraph 11
  140. 12Paragraph 12
  141. 13Paragraph 13
  142. 14Paragraph 14
  143. 15Paragraph 15
  144. 16Paragraph 16
  145. 17Paragraph 17
  146. 18Paragraph 18
  147. 19Paragraph 19
  148. 20Paragraph 20
  149. 21Paragraph 21
  150. 22Paragraph 22
  151. Schedule 5: GUIDANCE FOR PETITIONERS
  152. 1Paragraph 1
  153. 2Paragraph 2
  154. 3Paragraph 3
  155. 4Paragraph 4
  156. 5Paragraph 5
  157. 6Paragraph 6
  158. Schedule 6: CIVILIANS
  159. IMODIFICATIONS FOR CIVILIANS
  160. Part II: ADDITIONAL RULES FOR CIVILIANS
  161. 1Prosecution of civilians
  162. 2Accused’s parent or guardian
  163. Part III: APPEALS FROM STANDING CIVILIAN COURTS
  164. 3Forwarding an appeal to the prosecuting authority
  165. 4Charge sheet on appeal
  166. 5Appeal against sentence alone
  167. 6Sentencing on appeal
  168. 7Appeal by parent or guardian of an accused
  169. 8Abandonment of appeal
  170. Schedule 7REVOCATIONS
  171. Explanatory note