OpenLegislation

The Courts-Martial (Royal Navy) Rules 1997

S.I. 1997/170 · Made 12 February 1997

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 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 52I(10), 53A, 58, 60(5), 61(5) and 70 of the Naval Discipline Act 1957f1, hereby makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1957 c. 53; sections 52I(10), 53A, and 61(5) were inserted by, section 58 was substituted by, and section 60(5) was amended by the Armed Forces Act 1996 (c. 46), section 5 and Schedule 1. Section 70 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. 5Charge sheet
  8. 6Charges and joinder
  9. 7Notifying the accused’s commanding officer
  10. 8Notifying the court administration officer
  11. 9Appointment of judge advocate
  12. 10Notification of trial
  13. 11Discontinuing proceedings before trial
  14. 12Amending charges and additional charges before trial
  15. Part III: GENERAL MATTERS
  16. 13Conduct of the defence
  17. 14Ordering the court
  18. 15Ineligibility for membership of courts-martial
  19. 16Appointment of court officials
  20. 17Delegation of the court administration officer’s functions
  21. 18Additional evidence before trial
  22. 19Witnesses not called by the prosecutor
  23. 20Transcript of interview
  24. 21Witness summons
  25. Part IV: HEARING FOR DIRECTIONS
  26. 22Convening a hearing for directions
  27. 23Hearing for directions in chambers
  28. 24Substance of a hearing for directions
  29. Part V: PROCEEDINGS AT COURT-MARTIAL
  30. 25Pre-trial hearing
  31. 26Challenges and oaths at a pre-trial hearing
  32. 27Substance of a pre-trial hearing
  33. 28President and members
  34. 29The judge advocate
  35. 30Judge advocate sitting alone
  36. 31Challenges by the accused
  37. 32Oaths and affirmations
  38. 33Administration of oaths and affirmations
  39. 34Commencement of the trial
  40. 35Severance
  41. 36Plea to the charge
  42. 37Guilty plea
  43. 38Alternative charges
  44. 39Additional charges during trial
  45. 40Changes to the charge sheet during trial
  46. 41Changes to the charge sheet by the court
  47. 42Procedure after guilty plea
  48. 43Mixed pleas
  49. 44Dispute on facts after guilty plea
  50. 45Change of plea
  51. 46Procedure after not guilty plea
  52. 47Additional evidence during trial
  53. 48Expert evidence
  54. 49Exhibits
  55. 50Presence of witnesses
  56. 51Evidence through television link
  57. 52Video recordings of testimony from child witnesses
  58. 53Examination of witnesses
  59. 54Questioning by the court
  60. 55Recall of witnesses
  61. 56Submission of no case to answer
  62. 57Finding of not guilty before the conclusion of the defence
  63. 58The case for the defence
  64. 59Witnesses for the defence
  65. 60Further evidence
  66. 61Closing addresses
  67. 62Summing up
  68. 63Special finding
  69. 64Deliberation on finding
  70. 65Record of finding
  71. Part VI: SENTENCING
  72. 66Pre-sentence report
  73. 67Evidence before sentencing
  74. 68Evidence on behalf of the accused
  75. 69Offences taken into consideration
  76. 70Deliberation on sentence
  77. 71Postponement of deliberation on sentence
  78. 72Announcement of sentence
  79. 73Conclusion of the trial
  80. Part VII: REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
  81. 74The petition
  82. 75Decision on review
  83. Part VIII: MISCELLANEOUS
  84. 76Bankers’ Books Evidence Act 1879
  85. 77Record of proceedings
  86. 78Circumstances not provided for
  87. 79Revocation and savings
  88. Signature
  89. Schedule 1: CHARGES AND JOINDER
  90. Part I: RULES
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. IIFORM
  98. Schedule 2FORMS
  99. Schedule 3HEARING FOR DIRECTIONS
  100. Schedule 4: OATHS AND AFFIRMATIONS
  101. Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. Part II: FORMS OF OATH
  106. 4President and members other than the judge advocate
  107. 5Judge advocate
  108. 6Clerk of the court and person under instruction
  109. 7Interpreter
  110. 8Witness
  111. 9Form for a young person
  112. Part III: FORM OF SCOTTISH OATHS
  113. 10Paragraph 10
  114. Part IV: FORM OF SOLEMN AFFIRMATIONS
  115. 11Paragraph 11
  116. Explanatory note