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