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The Courts-Martial (Army) Rules 2007

S.I. 2007/3442 · Made 6 December 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

defence

Made 6th December 2007

Laid before Parliament 10th December 2007

Coming into force 1st January 2008

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 103 and section 209(3D) of the Army Act 1955f1, and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) pf Schedule 7 to, the Criminal Justice Act 2003f2:

Annotations to the whole text

Footnotes

f1

1955 c. 18; by virtue of section 378 of, and paragraph 21 of Schedule 16 to, the Armed Forces Act 2006 (2006 c.52) rules under section 103 of the Act may make provision for orders and rulings by a judge advocate at which an accused is arraigned; section 209(3D) of the Act, as amended by the Armed Forces (Alignment of Service Discipline Acts) Order 2007/1859, allows rules under section 103 of the Act to make provision for persons other than military officers or military warrant officers to be appointed to courts-martial.

f2

2003 c. 44; by virtue of section 113 of, and paragraph 5 of Schedule 6 to, the Criminal Justice Act 2003 (“the 2003 Act”), section 111 has effect as if, in its subsection (7), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of section 135 of, and paragraph 2(6) of Schedule 7 to, the 2003 Act, section 132 is modified so that, in its subsection (10), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of paragraph 6 of Schedule 6 and paragraph 8 of Schedule 7, “service court” includes a court-martial and “court-martial” includes a court-martial convened under the Army Act 1955.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Service on an accused
  5. Part 2: PROSECUTION OF OFFENCES
  6. 4Referring a case to the prosecuting authority
  7. 5Withdrawal of election in a multiple charge case
  8. 6Formal preliminary examination
  9. 7Conduct of formal preliminary examination
  10. 8Referring back in a multiple charge case before charges are preferred
  11. 9Charge sheet
  12. 10Charges and joinder
  13. 11Notifying the accused’s commanding officer
  14. 12Notifying the court administration officer
  15. 13Notification of proceedings
  16. 14Discontinuing proceedings before arraignment
  17. 15Description of the court-martial
  18. 16Referring back in a multiple charge case after charges already preferred
  19. 17Amending charges and additional charges before arraignment
  20. Part 3: COURT ADMINISTRATION
  21. 18Delegation of the court administration officer’s functions
  22. 19Appointment of court officials
  23. 20Notification of time and place for hearing of the proceedings
  24. 21Ineligibility for membership of courts-martial
  25. Part 4: WITNESSES
  26. 22Notification of witnesses
  27. 23Witness not called by the prosecuting authority
  28. 24Issue of witness summons on application to a judge advocate
  29. 25Application for witness summons to produce a document, etc: special rules
  30. 26Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality
  31. 27Power to require advance production
  32. 28Issue of witness summons of the judge advocate’s own motion
  33. 29Witness summons no longer needed
  34. 30Application to withdraw a witness summons
  35. 31Issue of witness summons and variation of requirements
  36. 32Service of witness summonses
  37. Part 5: EVIDENCE
  38. 33Procedure for the admission of evidence of bad character
  39. 34Procedure for the admission of hearsay evidence
  40. 35Additional evidence
  41. Part 6: PRELIMINARY PROCEEDINGS
  42. 36Preliminary hearing
  43. 37Preliminary hearing in open court
  44. 38Preliminary hearing without notice to the accused
  45. 39Challenges and oaths at a preliminary hearing
  46. 40Substance of a preliminary hearing
  47. Part 7: ARRAIGNMENT
  48. 41Arraignment
  49. 42Severance
  50. 43Guilty plea
  51. 44Alternative charges
  52. 45Procedure after not guilty plea
  53. 46Procedure after guilty plea
  54. 47Pleas of guilty and not guilty on one charge sheet
  55. Part 8: PROCEEDINGS AT COURT-MARTIAL
  56. 48Dispute on facts after plea of guilty
  57. 49Change of plea
  58. 50Additional charges after arraignment
  59. 51Changes to the charge sheet after arraignment
  60. 52Changes to the charge sheet by the judge advocate
  61. Part 9: GENERAL MATTERS
  62. 53Conduct of the defence
  63. 54The judge advocate
  64. 55The president of the board
  65. 56Sittings and adjournments
  66. 57Record of proceedings
  67. 58Challenges by the accused
  68. 59Oaths and affirmations
  69. Part 10: PROCEEDINGS AT TRIAL
  70. 60Commencement of the trial
  71. 61Judge advocate sitting alone
  72. 62Opening address
  73. 63Additional evidence during trial
  74. 64Expert evidence
  75. 65Exhibits
  76. 66Presence of witnesses
  77. 67Evidence through live television
  78. 68Examination of witnesses
  79. 69Submission of no case to answer
  80. 70Finding of not guilty before conclusion of the defence
  81. 71The case for the defence
  82. 72Witnesses for the defence
  83. 73Further evidence
  84. 74Closing addresses
  85. 75Summing up
  86. 76Deliberation on finding
  87. 77Special finding
  88. 78Record of finding
  89. 79Offences taken into consideration
  90. Part 11: SENTENCING
  91. 80Sentencing procedure after guilty plea
  92. 81Pre-sentence report and previous convictions
  93. 82Evidence before sentencing
  94. 83Evidence on behalf of the accused
  95. 84Deliberation on sentence
  96. 85Postponement of deliberation on sentence
  97. 86Announcement of sentence
  98. 87Conclusion of the proceedings
  99. Part 12: REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
  100. 88The petition
  101. 89Reasons
  102. Part 13: MISCELLANEOUS
  103. 90Appeal to the Courts-Martial Appeal Court
  104. 91Application of the rules to civilians
  105. 92Bankers’ Books Evidence Act 1879
  106. 93Custody of the record
  107. 94Circumstances not provided for
  108. 95Revocations and transitional proceedings
  109. Signature
  110. Schedule 1: CHARGES AND JOINDER
  111. Part 1: RULES
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. 4Paragraph 4
  116. 5Paragraph 5
  117. 6Paragraph 6
  118. 7Paragraph 7
  119. 8Paragraph 8
  120. 2FORM
  121. Schedule 2FORMS
  122. Schedule 3PRELIMINARY HEARING
  123. Schedule 4: OATHS AND AFFIRMATIONS
  124. Part 1: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
  125. 1Paragraph 1
  126. 2Paragraph 2
  127. 3Paragraph 3
  128. 4Paragraph 4
  129. Part 2: FORMS OF OATH
  130. 5President of the board and members other than the judge advocate
  131. 6Persons under instruction
  132. 7Interpreter
  133. 8Witness aged 18 years or over
  134. 9Witness under the age of 18 years
  135. Part 3: FORM OF SCOTTISH OATHS
  136. 10Paragraph 10
  137. Part 4: FORM OF SOLEMN AFFIRMATIONS
  138. 11Paragraph 11
  139. Schedule 5: GUIDANCE FOR PETITIONERS
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. Schedule 6: CIVILIANS
  147. 1MODIFICATIONS FOR CIVILIANS
  148. Part 2: ADDITIONAL RULES FOR CIVILIANS
  149. 1Prosecution of civilians
  150. 2Accused’s parent or guardian
  151. Part 3: APPEALS FROM STANDING CIVILIAN COURTS
  152. 3Forwarding an appeal to the prosecuting authority
  153. 4Charge sheet on appeal
  154. 5Appeal against sentence alone
  155. 6Sentencing on appeal
  156. 7Appeal by parent or guardian of an accused
  157. 8Abandonment of appeal
  158. Schedule 7REVOCATIONS
  159. Explanatory note