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The Armed Forces (Service Civilian Court) Rules 2009

S.I. 2009/1209 · Made 7 May 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 13 November 2023.

Defence

Made 7th May 2009

Laid before Parliament 14th May 2009

Coming into force 31st October 2009

The Secretary of State, in exercise of the powers conferred by sections 111, 113, 132 and 135 of, paragraph 5 of Schedule 6 to, and paragraph 2(6) of Schedule 7 to, the Criminal Justice Act 2003 M1; and sections 280(2) and (5), 288 and paragraph 1 of Schedule 10 to the Armed Forces Act 2006 M2, makes the following Rules:

Annotations to the whole text

Marginal citations

M1

2003 c. 44; by virtue of section 113 of, and paragraph 5 of Schedule 6 to, the Criminal Justice Act 2003 (“the 2003 Act”), section 111 has effect as if, in its subsection (7), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of section 135 of, and paragraph 2(6) of Schedule 7 to, the 2003 Act, section 132 is modified so that, in its subsection (10), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of paragraph 6 of Schedule 6 and paragraph 8 of Schedule 7 (as amended by paragraph 234(4) and paragraph 235(6) of Schedule 16 to the Armed Forces Act 2006), “service court” includes the Service Civilian Court.

M2

2006 c.52.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation: proceedings and parties
  4. 3Interpretation: general
  5. Part 1A: THE OVERRIDING OBJECTIVE
  6. 3AThe overriding objective
  7. 3BThe duty of the participants in a case
  8. 3CThe application by the court of the overriding objective
  9. Part 2: SERVICE OF DOCUMENTS
  10. 4Interpretation of Part 2
  11. 5Service on a person to whom proceedings relate
  12. 6Service on the court administration officer
  13. 7Service on the Director
  14. 8Service on other individuals
  15. 9Service on a corporation
  16. 10Service by another method
  17. 11Service by commanding officer
  18. 12Service by fax or electronic means
  19. 13Date of service
  20. 14Proof of service
  21. Part 3: PROCEEDINGS: GENERAL
  22. 15The court administration officer
  23. 16Listing of proceedings
  24. 17Notification of proceedings
  25. 18Live links
  26. 19Proceedings in absence of defendant etc
  27. 20Oaths and affirmations
  28. 21Interpretation, translation and communication through an intermediary
  29. 21AInterpretation, translation for persons other than a person to whom proceedings relate
  30. 22Record of proceedings
  31. 23Exhibits
  32. 24Termination of proceedings
  33. 25Circumstances not provided for
  34. Part 4: ASSISTANCE AND REPRESENTATION
  35. 26Legal representatives
  36. 27Parent or guardian of young civilian
  37. Part 5: ARREST OF DEFENDANT
  38. 28Arrest by service police etc before arraignment
  39. 29Warrant for arrest by civilian police
  40. Part 6: ADVANCE INFORMATION
  41. 30Service of advance information
  42. 31Information as to possibility of activation order etc
  43. Part 7: PRELIMINARY PROCEEDINGS
  44. 32Listing of initial preliminary proceedings
  45. 33Listing of further preliminary proceedings
  46. 34Preliminary proceedings in chambers without notice to defendant
  47. 35Outline of prosecution case
  48. 36Powers of the court at a preliminary hearing
  49. Part 8: JOINDER, SEVERANCE AND AMENDMENT
  50. 37Joinder of charges
  51. 38Severance of charges
  52. 39Severance of defendants
  53. 40Amendment of charges
  54. 41Consequences of exercise of powers under this Part
  55. Part 9: CONSIDERATION OF TRIAL BY THE COURT MARTIAL
  56. 42Consideration of trial by the Court Martial
  57. Part 10: ARRAIGNMENT
  58. 43Arraignment
  59. 44Order that charge lie on the file
  60. 45Offer of no evidence
  61. 46Change of plea
  62. 47Powers of Director after arraignment
  63. Part 11: ATTENDANCE OF WITNESSES
  64. 48Notification of witnesses
  65. 49Issue of witness summons on application to a judge advocate
  66. 50Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
  67. 51Issue of witness summons of judge advocate's own motion
  68. 52Application to withdraw a witness summons
  69. 53Oral applications
  70. 54Further process to secure attendance of witness
  71. 55Review of custody of witness
  72. 56Entitlement to witness expenses
  73. Part 12: EVIDENCE
  74. Chapter 1: General
  75. 57Application and interpretation of Part 12
  76. 58Rules of evidence
  77. 59Oral testimony to be given on oath
  78. 60Proof by written statement
  79. 61Proof by formal admission
  80. 62Use of documents to refresh memory
  81. Chapter 2: Evidence of bad character
  82. 63Notice of intention to adduce evidence of a defendant's bad character
  83. 64Application to exclude evidence of a defendant's bad character
  84. 65Application for leave to adduce evidence of the bad character of a non-defendant
  85. Chapter 3: Hearsay evidence
  86. 66Notice of intention to adduce hearsay evidence
  87. 67Counter-notice objecting to the admission of hearsay evidence
  88. Chapter 4: Evidence of service matters
  89. 68Evidence of enlistment
  90. 69Evidence as to service etc
  91. 70Service records
  92. 71Defence Council instructions, regulations and certificates
  93. 72Standing or routine orders
  94. Chapter 5: Expert evidence
  95. 73Expert evidence
  96. Chapter 6: Special measures directions
  97. 74Interpretation of Chapter 6
  98. 75Witnesses eligible for assistance on grounds of age or incapacity
  99. 76Witnesses eligible for assistance on grounds of fear or distress about testifying
  100. 77Special measures available
  101. 78Special measures direction relating to eligible witness
  102. 78ASpecial provisions relating to a child witness
  103. 78BExtension of provisions of rule 78A to certain witnesses over 18
  104. 79Evidence given in private
  105. 80Video recorded evidence in chief
  106. 80AVideo recorded cross-examination or re-examination
  107. 81Examination of witness through intermediary
  108. 82Application for special measures direction: general
  109. 83Application for special measures direction permitting admission of video recorded evidence in chief
  110. 84Variation or discharge of special measures direction
  111. Chapter 7: Use of specimens in proceedings for offences relating to alcohol and drugs
  112. 84AApplication and interpretation
  113. 84BUse of specimens
  114. 84CDocumentary evidence as to specimens
  115. Part 13: TRIAL PROCEDURE
  116. 85Opening address
  117. 86Examination of witnesses
  118. 87Presence of witnesses
  119. 88Submission of no case to answer
  120. 89The case for the defence
  121. 90Finding of not guilty before conclusion of the defence
  122. 91Closing addresses
  123. 92Announcement of findings
  124. Part 14: SENTENCING PROCEEDINGS
  125. 93Application and interpretation of Part 14
  126. 94Dispute on facts after plea of guilty
  127. 95Pre-sentence report and previous convictions
  128. 96Information before sentencing
  129. 97Offences taken into consideration
  130. 98Mitigation of sentence
  131. 99Pronouncement of sentence
  132. Part 14A: Variation Proceedings
  133. 99AApplication of Part 14A
  134. 99BInterpretation of Part 14A
  135. 99CPower to vary sentence
  136. 99DDirection that variation proceedings be held
  137. 99EAnnouncement of varied sentence
  138. 99FPower to order offender’s release from custody
  139. Part 15: ANCILLARY PROCEEDINGS
  140. Chapter 1: Community order proceedings
  141. 100Application and interpretation of Chapter 1
  142. 101Breach of requirements: application for summons or warrant
  143. 102Breach of requirements: arrest under warrant
  144. 103Review of custody
  145. 104Revocation of order with or without re-sentencing
  146. 105Amendment of requirements
  147. 106Extension of unpaid work requirement
  148. Chapter 2: Other ancillary proceedings
  149. 107Remission of fine
  150. 108Certification of contempt of court
  151. Chapter 3: Driving Disqualification Orders
  152. 108AApplication to remove a disqualification
  153. 108BInformation to be supplied on order for disqualification, etc.
  154. Part 16: RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
  155. 109Proceedings in camera
  156. 110Withholding of matter from the public in proceedings before the court
  157. Part 17: TRANSITORY AND TRANSITIONAL PROVISIONS
  158. 111Supreme Court of Northern Ireland
  159. 112Transitional
  160. Signature
  161. Schedule 1: OATHS AND AFFIRMATIONS
  162. Paragraph
  163. Schedule 2: TRANSITIONAL AND TRANSITORY PROVISIONS
  164. Part 1: GENERAL
  165. 1Interpretation
  166. 2Record of Standing Civilian Court proceedings
  167. Part 2: STEPS TAKEN BEFORE COMMENCEMENT
  168. 3Service of documents
  169. 4Court administration officers
  170. 5Prosecuting officers
  171. 6Legal representatives
  172. 7Arraignment
  173. 8Directions etc
  174. Part 3: EVIDENCE
  175. 9Proof by written statement
  176. 10Evidence of enlistment or entry for service
  177. 11Documents signed by or on behalf of a person's commanding officer
  178. 12Special measures
  179. Part 4: SENTENCING
  180. 13Activation of suspended sentence of imprisonment
  181. 14SDA conditional discharge orders
  182. 15Community supervision orders
  183. Explanatory note