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The Standing Civilian Courts Order 1997

S.I. 1997/172 · Made 12 February 1997

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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

  1. Part I: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Delegation of the court administration officer’s functions
  5. 4Service
  6. Part II: PROSECUTION OF OFFENCES
  7. 5Referring a case to the prosecuting authority
  8. 6Conduct of the prosecution
  9. 7Charge sheet
  10. 8Charges and joinder
  11. 9Notifying the court administration officer
  12. 10Summoning the accused
  13. 11Informing a parent or guardian of the accused
  14. 12Notifying the magistrate and commanding officer
  15. 13Changes to the charge sheet before trial
  16. 14Change in date, time or place of trial
  17. 15Objection before trial to member or assessor
  18. 16Election of trial by court-martial
  19. 17Election where more than one accused
  20. 18Steps to be taken where accused elects
  21. 19Withdrawal of election
  22. Part III: GENERAL MATTERS
  23. 20Conduct of the defence
  24. 21Representation of the accused
  25. 22Appointment of court officials
  26. 23Additional evidence before trial
  27. 24Witnesses not called by the prosecutor
  28. 25Witnesses for the accused
  29. 26Witness summons
  30. 27The magistrate
  31. 28Functions of assessors
  32. 29Swearing in of magistrates, members and assessors on appointment
  33. 30Form of oath
  34. 31Bankers’ Books Evidence Act 1879
  35. Part IV: PROCEDURE AT THE HEARING
  36. 32Opening of proceedings
  37. 33Accused not appearing
  38. 34Explaining function of members and assessors
  39. 35Arraignment of accused
  40. 36Ascertainment of accused’s age
  41. 37Opportunity to elect trial by court-martial
  42. 38Objections in court
  43. 39Applications before pleading
  44. 40Severance
  45. 41Plea to the charge
  46. 42Guilty plea
  47. 43Alternative charges
  48. 44Changes to the charge sheet during trial
  49. 45Changes to the charge sheet by the court
  50. 46Procedure after guilty plea
  51. 47Pleas of guilty and not guilty on one charge sheet
  52. 48Dispute on facts after finding of guilty
  53. 49Change of plea
  54. 50Procedure after not guilty plea
  55. 51Adjournment and sittings
  56. 52View by the court
  57. 53Conclusion of trial in interests of justice
  58. 54Member or assessor not to sit after absence
  59. 55Adjournment of case where court ceases to be properly constituted
  60. 56Additional evidence during trial
  61. 57Expert evidence
  62. 58Exhibits
  63. 59Presence of witnesses
  64. 60Evidence through television link
  65. 61Video recordings of testimony from child witnesses
  66. 62Examination of witnesses
  67. 63Submission of no case to answer
  68. 64Finding of not guilty before conclusion of the defence
  69. 65The case for the defence
  70. 66Witnesses for the defence
  71. 67Further evidence
  72. 68Closing addresses
  73. 69Deliberation on finding
  74. 70Special finding
  75. 71Record of finding
  76. 72Offences taken into consideration
  77. Part V: SENTENCING
  78. 73Pre-sentence report
  79. 74Evidence before sentencing
  80. 75Evidence on behalf of the accused
  81. 76Opportunity for parent to be heard
  82. 77Deliberation on sentence
  83. 78Postponement of deliberation on sentence
  84. 79Deferment of award of sentence
  85. 80Form of sentence
  86. 81Announcement of sentence and conclusion of trial
  87. 82Unfitness to stand trial and insanity
  88. 83Note of proceedings
  89. Part VI: REVIEW AND APPEAL
  90. 84Review
  91. 85Notice of appeal
  92. 86Modification of the 1955 Act for appeals
  93. Part VII: MISCELLANEOUS
  94. 87Re-trial following adjournment
  95. 88Forwarding the proceedings
  96. 89Custody of the proceedings
  97. 90Loss of the proceedings
  98. 91Application of certain enactments
  99. 92Circumstances not provided for
  100. 93Revocation and savings
  101. Signature
  102. Schedule 1: CHARGES AND JOINDER
  103. Part I: RULES
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. 6Paragraph 6
  110. 7Paragraph 7
  111. IIFORM
  112. Schedule 2FORMS
  113. Schedule 3: OATHS AND AFFIRMATIONS
  114. Part I: MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. Part II: FORM OF OATH
  121. 6Magistrate and member of the court
  122. 7Assessor
  123. Part: FORM OF OATH IN COURT
  124. 8Interpreter
  125. 9Witness
  126. Part: FORM OF PROMISE
  127. 10Paragraph 10
  128. Part III: FORM OF SCOTTISH OATHS
  129. 11Paragraph 11
  130. Part IV: FORM OF SOLEMN AFFIRMATIONS
  131. 12Paragraph 12
  132. Schedule 4APPLICATION AND MODIFICATION OF ENACTMENTS
  133. Schedule 5REVOCATIONS
  134. Explanatory note