The Standing Civilian Courts Order 1997
S.I. 1997/172 · Made 12 February 1997
DEFENCE
Made 12th February 1997
Laid before Parliament 14th February 1997
Coming into force 1st April 1997
The Secretary of State, in exercise of the powers conferred on him by paragraphs 1 and 12 of Schedule 3 to the Armed Forces Act 1976f1, hereby makes the following Order:—
Annotations to the whole text
Footnotes
- f1
-
1976 c. 52; Schedule 3 was amended by the Armed Forces Act 1996 (c. 46), section 5 and Schedule 1.
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Delegation of the court administration officer’s functions
- 4Service
- Part II: PROSECUTION OF OFFENCES
- 5Referring a case to the prosecuting authority
- 6Conduct of the prosecution
- 7Charge sheet
- 8Charges and joinder
- 9Notifying the court administration officer
- 10Summoning the accused
- 11Informing a parent or guardian of the accused
- 12Notifying the magistrate and commanding officer
- 13Changes to the charge sheet before trial
- 14Change in date, time or place of trial
- 15Objection before trial to member or assessor
- 16Election of trial by court-martial
- 17Election where more than one accused
- 18Steps to be taken where accused elects
- 19Withdrawal of election
- Part III: GENERAL MATTERS
- 20Conduct of the defence
- 21Representation of the accused
- 22Appointment of court officials
- 23Additional evidence before trial
- 24Witnesses not called by the prosecutor
- 25Witnesses for the accused
- 26Witness summons
- 27The magistrate
- 28Functions of assessors
- 29Swearing in of magistrates, members and assessors on appointment
- 30Form of oath
- 31Bankers’ Books Evidence Act 1879
- Part IV: PROCEDURE AT THE HEARING
- 32Opening of proceedings
- 33Accused not appearing
- 34Explaining function of members and assessors
- 35Arraignment of accused
- 36Ascertainment of accused’s age
- 37Opportunity to elect trial by court-martial
- 38Objections in court
- 39Applications before pleading
- 40Severance
- 41Plea to the charge
- 42Guilty plea
- 43Alternative charges
- 44Changes to the charge sheet during trial
- 45Changes to the charge sheet by the court
- 46Procedure after guilty plea
- 47Pleas of guilty and not guilty on one charge sheet
- 48Dispute on facts after finding of guilty
- 49Change of plea
- 50Procedure after not guilty plea
- 51Adjournment and sittings
- 52View by the court
- 53Conclusion of trial in interests of justice
- 54Member or assessor not to sit after absence
- 55Adjournment of case where court ceases to be properly constituted
- 56Additional evidence during trial
- 57Expert evidence
- 58Exhibits
- 59Presence of witnesses
- 60Evidence through television link
- 61Video recordings of testimony from child witnesses
- 62Examination of witnesses
- 63Submission of no case to answer
- 64Finding of not guilty before conclusion of the defence
- 65The case for the defence
- 66Witnesses for the defence
- 67Further evidence
- 68Closing addresses
- 69Deliberation on finding
- 70Special finding
- 71Record of finding
- 72Offences taken into consideration
- Part V: SENTENCING
- 73Pre-sentence report
- 74Evidence before sentencing
- 75Evidence on behalf of the accused
- 76Opportunity for parent to be heard
- 77Deliberation on sentence
- 78Postponement of deliberation on sentence
- 79Deferment of award of sentence
- 80Form of sentence
- 81Announcement of sentence and conclusion of trial
- 82Unfitness to stand trial and insanity
- 83Note of proceedings
- Part VI: REVIEW AND APPEAL
- 84Review
- 85Notice of appeal
- 86Modification of the 1955 Act for appeals
- Part VII: MISCELLANEOUS
- 87Re-trial following adjournment
- 88Forwarding the proceedings
- 89Custody of the proceedings
- 90Loss of the proceedings
- 91Application of certain enactments
- 92Circumstances not provided for
- 93Revocation and savings
- Signature
- Schedule 1: CHARGES AND JOINDER
- Part I: RULES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- IIFORM
- Schedule 2FORMS
- Schedule 3: OATHS AND AFFIRMATIONS
- Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part II: FORM OF OATH
- 6Magistrate and member of the court
- 7Assessor
- Part: FORM OF OATH IN COURT
- 8Interpreter
- 9Witness
- Part: FORM OF PROMISE
- 10Paragraph 10
- Part III: FORM OF SCOTTISH OATHS
- 11Paragraph 11
- Part IV: FORM OF SOLEMN AFFIRMATIONS
- 12Paragraph 12
- Schedule 4APPLICATION AND MODIFICATION OF ENACTMENTS
- Schedule 5REVOCATIONS
- Explanatory note