Article 3 Interpretation: general

Any reference in these Rules to a numbered section is to that section of the 2006 Act unless otherwise stated.

In these Rules—

• “the 2006 Act” means the Armed Forces Act 2006;

• “the 1967 Act” means the Criminal Justice Act 1967^f1;

• “the 1968 Act” means the Court Martial Appeals Act 1968;

• “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999^f2;

• “the 2003 Act” means the Criminal Justice Act 2003;

• “the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009^f3;

• “advance information” has the meaning given by rule 43(2);

• “allocated for Court Martial trial” means regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial;

• “the Appeal Court” means the Court Martial Appeal Court;

• “bad character” has the meaning given by section 98 of the 2003 Act;

• “civilian police force” means a UK police force or a British overseas territory police force;

• “the court” means the Court Martial;

• “DX” means document exchange;

• “detention and training order” means an order under section 211;

• “the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 155(5);

• “the lay members” has the same meaning as in section 155;

• “legal representative” means a person appointed under rule 39;

• “live link”, except in Part 15, has the meaning given by rule 18(3)(a);

• “the minimum number” means—

  1. (a)

     in the case of proceedings to which rule 29 applies, five;

  2. (b)

     in the case of any other proceedings, three;

• “the original sentence”, in relation to activation proceedings, has the same meaning as in Part 17;

• “pre-sentence report” has the meaning given by section 257;

• “the president of the board” means the lay member (if any) who by virtue of rule 34 is the president of the board;

• “proceedings with lay members” means any proceedings other than those listed in rule 27;

• “qualified to be the president of the board” has the meaning given by rule 34(3);

• “suspended sentence order” means an order under section 189(1) of the 2003 Act (suspended sentence of imprisonment) made by a relevant service court, as defined by section 196(2) of the 2006 Act;

• “unit” means—

  1. (a)

     a naval ship or establishment;

  2. (b)

     any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body; or

  3. (c)

     an air force station.

Any reference in these Rules to Schedule 8 to the 2003 Act is to that Schedule as modified by Schedule 5 to the 2006 Act.