Article 2 Interpretation
In these General Orders any reference to an Order is, except where the context otherwise requires, a reference to a General Order contained therein and the following expressions have the meanings respectively assigned to them–
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“accused’s friend” has the meaning given by Order 14;
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“the Act” means the Naval Discipline Act 1957;
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“child” means a person under the age of 14 years;
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“circumstantial letter” means letter outlining the prosecution case drafted underOrder 4;
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“civilian counsel” has the meaning given by Order 72;
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“closed court” means proceedings of the court conducted for the time being in the presence only of the president, members of the court, judge advocate and clerk of the court;
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“commanding officer” means the commanding officer of the ship or establishment in which the accused is for the time being serving;
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“convening authority” means an officer authorised to order a court-martial in accordance with the provisions of section 53 of the Actf1 or, where a court-martial is ordered by the Defence Council, the Defence Council;
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“court” means a court-martial ordered under the Act;
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“member” when used in relation to a court-martial does not include the president;
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“open court” means proceedings of the court conducted in the presence of all parties and any members of the public present;
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“special finding” means when used in relation to–
- (a)
section 67 or 68 of the Act, any finding which a court-martial may make in accordance with that section;
- (b)
a finding in accordance with section 63 of the Actf2, that the accused is not guilty by reason of insanity;
- (a)
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“young person” means a person who has attained the age of 14 years and is under the age of 17 years.
Annotations
Footnotes
- f1
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Section 53 was amended by S.I. 1964/488, article 2(1) and Schedule 1, Part I and by the Armed Forces Act 1971 (c. 33), section 48(3).
- f2
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Section 63 was amended by S.I. 1964/488, article 2(1) and Schedule 1, Part I and by the Criminal Procedure (Insanity) Act 1964 (c. 84), sections 7 and 8, Schedule 2, Part II.