The Courts-Martial (Royal Navy) Rules 2007
S.I. 2007/3443 · Made 6 December 2007
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
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Service on an accused
- Part 2: PROSECUTION OF OFFENCES
- 4Referring a case to the prosecuting authority
- 5Withdrawal of election in a multiple charge case
- 6Referring back in a multiple charge case before charges are preferred
- 7Charge sheet
- 8Charges and joinder
- 9Notifying the accused’s commanding officer
- 10Notifying the court administration officer
- 11Notification of proceedings
- 12Discontinuing proceedings before arraignment
- 13Referring back in a multiple charge case after charges already preferred
- 14Amending charges and additional charges before arraignment
- Part 3: COURT ADMINISTRATION
- 15Delegation of the court administration officer’s functions
- 16Appointment of court officials
- 17Notification of time and place for hearing of the proceedings
- 18Ineligibility for membership of courts-martial
- Part 4: WITNESSES
- 19Notification of witnesses
- 20Witness not called by the prosecuting authority
- 21Issue of witness summons on application to a judge advocate
- 22Application for witness summons to produce a document, etc: special rules
- 23Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality
- 24Power to require advance production
- 25Issue of witness summons of the judge advocate’s own motion
- 26Witness summons no longer needed
- 27Application to withdraw a witness summons
- 28Issue etc of witness summons and variation of requirements
- 29Service of witness summonses
- Part 5: EVIDENCE
- 30Procedure for the admission of evidence of bad character
- 31Procedure for the admission of hearsay evidence
- 32Additional evidence
- Part 6: PRELIMINARY PROCEEDINGS
- 33Preliminary hearing
- 34Preliminary hearing in open court
- 35Preliminary hearing without notice to the accused
- 36Challenges and oaths at a preliminary hearing
- 37Substance of a preliminary hearing
- Part 7: ARRAIGNMENT
- 38Arraignment
- 39Severance
- 40Guilty plea
- 41Alternative charges
- 42Procedure after not guilty plea
- 43Procedure after guilty plea
- 44Pleas of guilty and not guilty on one charge sheet
- Part 8: PROCEEDINGS AT COURT-MARTIAL
- 45Dispute on facts after plea of guilty
- 46Change of plea
- 47Additional charges after arraignment
- 48Changes to the charge sheet after arraignment
- 49Changes to the charge sheet by the judge advocate
- Part 9: GENERAL MATTERS
- 50Conduct of the defence
- 51The judge advocate
- 52The president of the board and members
- 53Sittings and adjournments
- 54Record of proceedings
- 55Challenges by the accused
- 56Oaths and affirmations
- Part 10: PROCEEDINGS AT TRIAL
- 57Commencement of the trial
- 58Judge advocate sitting alone
- 59Opening address
- 60Additional evidence during trial
- 61Expert evidence
- 62Exhibits
- 63Presence of witnesses
- 64Evidence through live television
- 65Examination of witnesses
- 66Submission of no case to answer
- 67Finding of not guilty before conclusion of the defence
- 68The case for the defence
- 69Witnesses for the defence
- 70Further evidence
- 71Closing addresses
- 72Summing up
- 73Deliberation on finding
- 74Special finding
- 75Record of finding
- 76Offences taken into consideration
- Part 11: SENTENCING
- 77Sentencing procedure after guilty plea
- 78Pre-sentence report and previous convictions
- 79Evidence before sentencing
- 80Evidence on behalf of the accused
- 81Deliberation on sentence
- 82Postponement of deliberation on sentence
- 83Announcement of sentence
- 84Conclusion of the proceedings
- Part 12: REVIEW OF COURT-MARTIAL FINDING AND SENTENCE
- 85The petition
- 86Reasons
- Part 13: MISCELLANEOUS
- 87Appeal to the Courts-Martial Appeal Court
- 88Application of the rules to civilians
- 89Bankers’ Books Evidence Act 1879
- 90Circumstances not provided for
- 91Revocations and transitional proceedings
- Signature
- Schedule 1: CHARGES AND JOINDER
- Part 1: RULES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 2FORM
- Schedule 2FORMS
- Schedule 3PRELIMINARY HEARING
- Schedule 4: OATHS AND AFFIRMATIONS
- Part 1: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: FORMS OF OATH
- 5President of the board and members other than the judge advocate
- 6Persons under instruction
- 7Interpreter
- 8Witness aged 18 years or over
- 9Witness under the age of 18 years
- Part 3: FORM OF SCOTTISH OATHS
- 10Paragraph 10
- Part 4: FORM OF SOLEMN AFFIRMATIONS
- 11Paragraph 11
- Schedule 5: CIVILIANS
- 1MODIFICATIONS FOR CIVILIANS
- Part 2: ADDITIONAL RULES FOR CIVILIANS
- 1Accused’s parent or guardian
- Schedule 6REVOCATIONS
- Explanatory note