OpenLegislation

The Courts-Martial (Royal Navy) Rules 2007

S.I. 2007/3443 · 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 58 and section 118(3A) and paragraph 17 of Schedule 4A of the Naval Discipline Act 1957f1, and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) of Schedule 7 to, the Criminal Justice Act 2003f2:

Annotations to the whole text

Footnotes

f1

1957 c. 53; by virtue of section 378(1) of, and paragraph 33 of Schedule 16 to, the Armed Forces Act 2006 (2006 c.52) rules under section 58 of the Act may make provision for orders and rulings by a judge advocate at which an accused is arraigned; section 118(3A) of the Act, as amended by the Armed Forces (Alignment of Service Discipline Acts) Order 2007/1859, allows rules under section 58 of the Act to make provision for persons other than naval officers or naval 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 Naval Discipline Act 1957.

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