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Article 2 Interpretation

Original text. Later amendments are not shown.

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–

  • “accused’s friend” has the meaning given by Order 14;

  • “the Act” means the Naval Discipline Act 1957;

  • “child” means a person under the age of 14 years;

  • “circumstantial letter” means letter outlining the prosecution case drafted underOrder 4;

  • “civilian counsel” has the meaning given by Order 72;

  • “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;

  • “commanding officer” means the commanding officer of the ship or establishment in which the accused is for the time being serving;

  • “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;

  • “court” means a court-martial ordered under the Act;

  • “member” when used in relation to a court-martial does not include the president;

  • “open court” means proceedings of the court conducted in the presence of all parties and any members of the public present;

  • “special finding” means when used in relation to–

    1. (a)

      section 67 or 68 of the Act, any finding which a court-martial may make in accordance with that section;

    2. (b)

      a finding in accordance with section 63 of the Actf2, that the accused is not guilty by reason of insanity;

  • “young person” means a person who has attained the age of 14 years and is under the age of 17 years.

Annotations

Footnotes

f1

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

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.