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The Armed Forces (Summary Appeal Court) Rules 2009

S.I. 2009/1211 · 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 142(2), 144(4), 145, 147(4) and 151 of 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 Summary Appeal 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: BRINGING AN APPEAL
  22. Chapter 1: APPEALS BROUGHT BY A PERSON TO WHOM A CHARGE RELATES
  23. 15Notice of appeal
  24. 16Application to extend initial period or for leave to appeal out of time
  25. Chapter 2: APPLICATION OR NOTIFICATION BY THE REVIEWING AUTHORITY
  26. 17Application by the reviewing authority
  27. 18Notification by the reviewing authority
  28. Chapter 3: UNCONTESTED APPEALS
  29. 19Director to give notice of intention on receipt of notice of appeal
  30. 20Powers of the court in uncontested appeals
  31. Part 4: PROCEEDINGS: GENERAL
  32. 21The court administration officer
  33. 22Listing of proceedings
  34. 23Notification of proceedings
  35. 24Abandonment of appeal
  36. 25Live links
  37. 26Proceedings in absence of appellant etc
  38. 27Deliberation in private
  39. 28Oaths and affirmations
  40. 29Interpretation, translation and communication through an intermediary
  41. 29AInterpretation, translation for persons other than the appellant
  42. 30Record of proceedings
  43. 31Exhibits
  44. 32Termination of proceedings
  45. 33Circumstances not provided for
  46. Part 5: MEMBERS OF THE COURT
  47. 34Proceedings without lay members
  48. 35Powers that may be exercised by a judge advocate
  49. 36Persons ineligible for membership in particular circumstances
  50. 37Objections to lay members
  51. 38Waiting members
  52. 39Swearing of lay members
  53. 40Judge advocate's power to direct lay members to withdraw
  54. Part 6: ASSISTANCE AND REPRESENTATION
  55. 41Legal representatives
  56. Part 7: ADVANCE INFORMATION
  57. 42Service of advance information
  58. Part 8: PRELIMINARY PROCEEDINGS
  59. 43Listing of proceedings
  60. 44Listing of further preliminary proceedings
  61. 45Preliminary proceedings in chambers without notice to appellant
  62. 46Outline of respondent's case
  63. 47Powers of judge advocate
  64. Part 9: JOINDER OF APPEALS
  65. 48Power of the court to hear more than one appeal at the same time
  66. Part 10: ATTENDANCE OF WITNESSES
  67. 49Notification of witnesses
  68. 50Issue of witness summons on application to a judge advocate
  69. 51Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
  70. 52Issue of witness summons of judge advocate's own motion
  71. 53Application to withdraw a witness summons
  72. 54Oral applications
  73. 55Further process to secure attendance of witness
  74. 56Review of custody of witness
  75. 57Entitlement to witness expenses
  76. Part 11: EVIDENCE
  77. Chapter 1: General
  78. 58Application and interpretation of Part 11
  79. 59Rules of evidence
  80. 60Oral testimony to be given on oath
  81. 61Proof by written statement
  82. 62Proof by formal admission
  83. 63Use of documents to refresh memory
  84. Chapter 2: Evidence of bad character
  85. 64Notice of intention to adduce evidence of an appellant's bad character
  86. 65Application to exclude evidence of an appellant's bad character
  87. 66Application for leave to adduce evidence of the bad character of a non-appellant
  88. Chapter 3: Hearsay evidence
  89. 67Notice of intention to adduce hearsay evidence
  90. 68Counter-notice objecting to the admission of hearsay evidence
  91. Chapter 4: Evidence of service matters
  92. 69Evidence of enlistment
  93. 70Evidence as to service etc
  94. 71Service records
  95. 72Defence Council instructions, regulations and certificates
  96. 73Standing or routine orders
  97. Chapter 5: Expert evidence
  98. 74Expert evidence
  99. Chapter 6: Use of specimens in relation to offences under sections 20(1)(a) and 20A of the Armed Forces Act 2006
  100. 74AApplication and interpretation
  101. 74BUse of specimens
  102. 74CDocumentary evidence as to specimens
  103. Chapter 7: Special Measures Directions
  104. 74DInterpretation of Chapter 7
  105. 74EWitnesses eligible for assistance on grounds of age or incapacity
  106. 74FWitnesses eligible for assistance on grounds of fear or distress about testifying
  107. 74GSpecial measures available
  108. 74HSpecial measures direction relating to eligible witness
  109. 74IEvidence given in private
  110. 74JVideo recorded evidence in chief
  111. 74KExamination of witness through intermediary
  112. 74LApplication for special measures direction: general
  113. 74MApplication for special measures direction permitting admission of video recorded evidence in chief
  114. 74NVariation or discharge of special measures direction
  115. 74OWarning to lay members
  116. Part 12: HEARING OF AN APPEAL: PROCEDURE
  117. Chapter 1: APPEAL AGAINST FINDING
  118. 75Address to the court
  119. 76Provisions which are to apply when there are two or more appellants
  120. 77Examination of witnesses
  121. 78Presence of witnesses
  122. 79Submission of no case to answer
  123. 80The case for the appellant
  124. 81Finding for the appellant before conclusion of the case for the appellant
  125. 82Announcement of findings
  126. Chapter 2: APPEAL AGAINST PUNISHMENT
  127. 83Application and interpretation of this Chapter
  128. 84Dispute on facts
  129. 85Pre-sentence report and previous convictions
  130. 86Information before punishment
  131. 87Mitigation of punishment
  132. 88Pronouncement of punishment
  133. Part 12A: Variation Proceedings
  134. 88AApplication of Part 12A
  135. 88BInterpretation of Part 12A
  136. 88CPower to vary punishment
  137. 88DDirection that variation proceedings be held
  138. 88EDirection that variation proceedings be held without lay members
  139. 88FAttendance of lay members by live link
  140. 88GDecision on variation of punishment
  141. 88HAnnouncement of varied punishment
  142. 88IPower to order appellant’s release from detention
  143. Part 13: ANCILLARY PROCEEDINGS
  144. 89Certification of contempt of court
  145. Part 14: RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
  146. 90Proceedings in camera
  147. 91Withholding of matter from the public in proceedings before the court
  148. Part 15: APPLICATION TO THE COURT TO STATE A CASE
  149. 92Application for case to be stated
  150. 93Procedure on stating a case
  151. 94Supplementary provisions relating to stating a case
  152. Part 16: TRANSITORY AND TRANSITIONAL PROVISIONS
  153. 95Transitory provisions
  154. 96Transitional
  155. Part 17: REVOCATIONS
  156. 97Revocations
  157. Signature
  158. Schedule 1: OATHS AND AFFIRMATIONS
  159. Paragraph
  160. Schedule 2: TRANSITIONAL PROVISIONS
  161. Part 1: GENERAL
  162. 1Interpretation
  163. 2Record of Summary Appeal Court proceedings
  164. 3Persons ineligible for membership in particular circumstances
  165. Part 2: STEPS TAKEN BEFORE COMMENCEMENT
  166. 4Service of documents
  167. 5Court administration officers
  168. 6Prosecuting officers
  169. 7Legal representatives
  170. 8Appeal or application to be treated as made in accordance with these Rules
  171. 9Directions etc
  172. Part 3: EVIDENCE
  173. 10Proof by written statement
  174. 11Evidence of enlistment or entry for service
  175. 12Documents signed by or on behalf of a person's commanding officer
  176. Part 4: PUNISHMENT
  177. 13SDA offences
  178. Explanatory note