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The Naval Courts-Martial General Orders (Royal Navy) 1991

S.I. 1991/2737 · Made 2 December 1991

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DEFENCE

Made 2nd December 1991

Laid before Parliament 6th December 1991

Coming into force 1st January 1992

The Sectratary of State, in exercise of the powers conferred upon him by sections 58 and 135(4) of the Naval Discipline Act 1957(f1, and of all other powers enabling him in that behalf, hereby makes the following General Orders:

Annotations to the whole text

Footnotes

f1

1957 c. 53; section 58 was amended by the Armed Forces Act 1971 (c. 33), section 49(2) and by the Armed Forces Act 1976 (c. 52), section 14 and Schedule 7, paragraph 2.

Contents

  1. Part I: PRELIMINARY
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. Part II: PRE-TRIAL PROCEEDINGS
  5. 3Notice of alibi
  6. 4Reference of charges to convening authority
  7. 5The circumstantial letter
  8. 6Statements of the accused
  9. 7Charge sheet
  10. 8Charge sheet–joint trials
  11. 9The Charge
  12. 10Amendment of charge sheet
  13. 11Fresh evidence of negligence not alleged in circumstantial letter
  14. 12Unfitness to stand trial and insanity
  15. 13Duties of a convening authority
  16. 14Preparation of defence
  17. 15Navigation trials
  18. 16Report by navigation expert
  19. 17Navigation of aircraft
  20. Part III: GENERAL DUTIES OF PRESIDENT AND JUDGE ADVOCATE
  21. 18The president
  22. 19Judge advocate generally
  23. 20Judge advocate sitting alone
  24. Part IV: TRIAL PROCEEDINGS
  25. 21Status of members of the court-martial
  26. 22Challenges by the accused
  27. 23Administration of oaths
  28. 24Interpreter and shorthand writer
  29. 25Form of oath
  30. 26Arraignment
  31. 27Challenge to the jurisdiction
  32. 28Charge defective in law
  33. 29Time bar or earlier trial
  34. 30Application to sever charges
  35. 31Plea to the charge
  36. 32Guilty plea
  37. 33Alternative charges
  38. 34Procedure after guilty plea
  39. 35Changes of plea
  40. 36Procedure after not guilty plea
  41. 37Circumstantial letter not copied to the court
  42. 38Additional facts or evidence
  43. 39Witnesses not called by prosecutor
  44. 40Oath of witness
  45. 41Withdrawal of witnesses
  46. 42Examination of witnesses by prosecution and defence
  47. 43Examination of navigation expert
  48. 44Examination of witnesses by president and judge advocate
  49. 45Recall of witnesses
  50. 46Transcript of tape recording
  51. 47Submission of no case to answer
  52. 48Evidence for the accused
  53. 49Witnesses called by the defence
  54. 50Further evidence for the prosecution
  55. 51Closing addresses
  56. 52Summing up by the judge advocate
  57. 53Adjournment
  58. 54Reaching of finding
  59. 55Opinions on finding
  60. 56Advice of judge advocate on finding
  61. 57Evidence of character and circumstances
  62. 58Offences taken into consideration
  63. 59Determination of sentence
  64. 60Postponement of sentence
  65. 61Recording of sentence
  66. Part V: WITNESSES AND THE RECORD
  67. 62Witness Summons
  68. 63Record of proceedings
  69. 64Documents to accompany record in navigation trials
  70. 65Exhibits
  71. 66Custody of record of proceedings and exhibits during trial
  72. Part VI: EVIDENCE
  73. 67Rules of evidence
  74. 68Privileges of witnesses
  75. 69Proof of service facts and records
  76. 70Bankers' Books
  77. 71Evidence in navigational trials
  78. Part VII: MISCELLANEOUS
  79. 72Civilian counsel
  80. 73Deviation or omission
  81. 74Unforeseen circumstances
  82. 75Revocation and savings
  83. Signature
  84. Schedule: OATHS AND AFFIRMATIONS
  85. Part I: manner of administering oaths at courts-martial
  86. 1Paragraph 1
  87. Part II: FORMS OF OATH
  88. Chapter: President and Members
  89. 2Paragraph 2
  90. Chapter: Judge Advocate
  91. 3Paragraph 3
  92. Chapter: Clerk of the Court or Officer Under Instruction
  93. 4Paragraph 4
  94. Chapter: Interpreter
  95. 5Paragraph 5
  96. Chapter: Witness
  97. 6Paragraph 6
  98. Chapter: Child or Young Person
  99. 7Paragraph 7
  100. Part III: form of scottish oaths
  101. 8Paragraph 8
  102. Part IV: form of solemn affirmations
  103. 9Paragraph 9
  104. Explanatory note