The Armed Forces (Service Civilian Court) Rules 2009
S.I. 2009/1209 · Made 7 May 2009 · Extends to United Kingdom
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
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation: proceedings and parties
- 3Interpretation: general
- Part 1A: THE OVERRIDING OBJECTIVE
- 3AThe overriding objective
- 3BThe duty of the participants in a case
- 3CThe application by the court of the overriding objective
- Part 2: SERVICE OF DOCUMENTS
- 4Interpretation of Part 2
- 5Service on a person to whom proceedings relate
- 6Service on the court administration officer
- 7Service on the Director
- 8Service on other individuals
- 9Service on a corporation
- 10Service by another method
- 11Service by commanding officer
- 12Service by fax or electronic means
- 13Date of service
- 14Proof of service
- Part 3: PROCEEDINGS: GENERAL
- 15The court administration officer
- 16Listing of proceedings
- 17Notification of proceedings
- 18Live links
- 19Proceedings in absence of defendant etc
- 20Oaths and affirmations
- 21Interpretation, translation and communication through an intermediary
- 21AInterpretation, translation for persons other than a person to whom proceedings relate
- 22Record of proceedings
- 23Exhibits
- 24Termination of proceedings
- 25Circumstances not provided for
- Part 4: ASSISTANCE AND REPRESENTATION
- 26Legal representatives
- 27Parent or guardian of young civilian
- Part 5: ARREST OF DEFENDANT
- 28Arrest by service police etc before arraignment
- 29Warrant for arrest by civilian police
- Part 6: ADVANCE INFORMATION
- 30Service of advance information
- 31Information as to possibility of activation order etc
- Part 7: PRELIMINARY PROCEEDINGS
- 32Listing of initial preliminary proceedings
- 33Listing of further preliminary proceedings
- 34Preliminary proceedings in chambers without notice to defendant
- 35Outline of prosecution case
- 36Powers of the court at a preliminary hearing
- Part 8: JOINDER, SEVERANCE AND AMENDMENT
- 37Joinder of charges
- 38Severance of charges
- 39Severance of defendants
- 40Amendment of charges
- 41Consequences of exercise of powers under this Part
- Part 9: CONSIDERATION OF TRIAL BY THE COURT MARTIAL
- 42Consideration of trial by the Court Martial
- Part 10: ARRAIGNMENT
- 43Arraignment
- 44Order that charge lie on the file
- 45Offer of no evidence
- 46Change of plea
- 47Powers of Director after arraignment
- Part 11: ATTENDANCE OF WITNESSES
- 48Notification of witnesses
- 49Issue of witness summons on application to a judge advocate
- 50Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
- 51Issue of witness summons of judge advocate's own motion
- 52Application to withdraw a witness summons
- 53Oral applications
- 54Further process to secure attendance of witness
- 55Review of custody of witness
- 56Entitlement to witness expenses
- Part 12: EVIDENCE
- Chapter 1: General
- 57Application and interpretation of Part 12
- 58Rules of evidence
- 59Oral testimony to be given on oath
- 60Proof by written statement
- 61Proof by formal admission
- 62Use of documents to refresh memory
- Chapter 2: Evidence of bad character
- 63Notice of intention to adduce evidence of a defendant's bad character
- 64Application to exclude evidence of a defendant's bad character
- 65Application for leave to adduce evidence of the bad character of a non-defendant
- Chapter 3: Hearsay evidence
- 66Notice of intention to adduce hearsay evidence
- 67Counter-notice objecting to the admission of hearsay evidence
- Chapter 4: Evidence of service matters
- 68Evidence of enlistment
- 69Evidence as to service etc
- 70Service records
- 71Defence Council instructions, regulations and certificates
- 72Standing or routine orders
- Chapter 5: Expert evidence
- 73Expert evidence
- Chapter 6: Special measures directions
- 74Interpretation of Chapter 6
- 75Witnesses eligible for assistance on grounds of age or incapacity
- 76Witnesses eligible for assistance on grounds of fear or distress about testifying
- 77Special measures available
- 78Special measures direction relating to eligible witness
- 78ASpecial provisions relating to a child witness
- 78BExtension of provisions of rule 78A to certain witnesses over 18
- 79Evidence given in private
- 80Video recorded evidence in chief
- 80AVideo recorded cross-examination or re-examination
- 81Examination of witness through intermediary
- 82Application for special measures direction: general
- 83Application for special measures direction permitting admission of video recorded evidence in chief
- 84Variation or discharge of special measures direction
- Chapter 7: Use of specimens in proceedings for offences relating to alcohol and drugs
- 84AApplication and interpretation
- 84BUse of specimens
- 84CDocumentary evidence as to specimens
- Part 13: TRIAL PROCEDURE
- 85Opening address
- 86Examination of witnesses
- 87Presence of witnesses
- 88Submission of no case to answer
- 89The case for the defence
- 90Finding of not guilty before conclusion of the defence
- 91Closing addresses
- 92Announcement of findings
- Part 14: SENTENCING PROCEEDINGS
- 93Application and interpretation of Part 14
- 94Dispute on facts after plea of guilty
- 95Pre-sentence report and previous convictions
- 96Information before sentencing
- 97Offences taken into consideration
- 98Mitigation of sentence
- 99Pronouncement of sentence
- Part 14A: Variation Proceedings
- 99AApplication of Part 14A
- 99BInterpretation of Part 14A
- 99CPower to vary sentence
- 99DDirection that variation proceedings be held
- 99EAnnouncement of varied sentence
- 99FPower to order offender’s release from custody
- Part 15: ANCILLARY PROCEEDINGS
- Chapter 1: Community order proceedings
- 100Application and interpretation of Chapter 1
- 101Breach of requirements: application for summons or warrant
- 102Breach of requirements: arrest under warrant
- 103Review of custody
- 104Revocation of order with or without re-sentencing
- 105Amendment of requirements
- 106Extension of unpaid work requirement
- Chapter 2: Other ancillary proceedings
- 107Remission of fine
- 108Certification of contempt of court
- Chapter 3: Driving Disqualification Orders
- 108AApplication to remove a disqualification
- 108BInformation to be supplied on order for disqualification, etc.
- Part 16: RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
- 109Proceedings in camera
- 110Withholding of matter from the public in proceedings before the court
- Part 17: TRANSITORY AND TRANSITIONAL PROVISIONS
- 111Supreme Court of Northern Ireland
- 112Transitional
- Signature
- Schedule 1: OATHS AND AFFIRMATIONS
- Paragraph
- Schedule 2: TRANSITIONAL AND TRANSITORY PROVISIONS
- Part 1: GENERAL
- 1Interpretation
- 2Record of Standing Civilian Court proceedings
- Part 2: STEPS TAKEN BEFORE COMMENCEMENT
- 3Service of documents
- 4Court administration officers
- 5Prosecuting officers
- 6Legal representatives
- 7Arraignment
- 8Directions etc
- Part 3: EVIDENCE
- 9Proof by written statement
- 10Evidence of enlistment or entry for service
- 11Documents signed by or on behalf of a person's commanding officer
- 12Special measures
- Part 4: SENTENCING
- 13Activation of suspended sentence of imprisonment
- 14SDA conditional discharge orders
- 15Community supervision orders
- Explanatory note