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Article 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In these Rules—

  • “accused’s friend” shall be construed in accordance with rule 13;

  • “the Act” means the Naval Discipline Act 1957;

  • “commanding officer”, in relation to an accused, means the officer who is for the time being in immediate command of the ship or naval establishment to which the accused belongs;

  • “commencement of the trial” shall be construed in accordance with rule 34;

  • “hearing for directions” shall be construed in accordance with rule 22;

  • “the judge advocate”—

    1. (i)

      in relation to a court-martial, means the judge advocate appointed by or on behalf of the Chief Naval Judge Advocate to be a member of the court-martial;

    2. (ii)

      in relation to a hearing for directions, means the judge advocate appointed under rule 9(1)(a);

  • “pre-trial hearing” shall be construed in accordance with rule 25;

  • “the prosecutor” means the prosecuting authority or any prosecuting officer appointed by the prosecuting authority;

  • “prosecution papers” has the meaning assigned to it in rule 7; and

  • “special finding” shall be construed in accordance with rule 63.