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The Armed Forces (Court Martial) Rules 2009

S.I. 2009/2041 · Made 21 July 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 20 February 2025.

Defence

Made 21st July 2009

Coming into force 31st October 2009

The Secretary of State, in exercise of the powers conferred by section 19(5) of the Court Martial Appeals Act 1968 M1, 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 M2, and sections 125(3), 155, 157(4), 158, 163, 165 and 286(4) of the Armed Forces Act 2006 M3, makes the following Rules:

In accordance with section 373(3) of the Armed Forces Act 2006 a draft of this instrument was laid before, and approved by resolution of, each House of Parliament.

Annotations to the whole text

Marginal citations

M1

1968 c. 20. Section 19(5) of the Court Martial Appeals Act 1968 is inserted by paragraph 20 of Schedule 8 to the Armed Forces Act 2006 (c. 52).

M2

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” included 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 Court Martial.

M3

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. 20Deliberation in private
  28. 21Oaths and affirmations
  29. 22Interpretation, translation and communication through an intermediary
  30. 22AInterpretation and translation for persons other than a person to whom proceedings relate
  31. 23Record of proceedings
  32. 24Exhibits
  33. 25Termination of proceedings
  34. 26Circumstances not provided for
  35. Part 4: MEMBERS OF THE COURT
  36. 27Proceedings without lay members
  37. 28Powers that may be exercised by a judge advocate
  38. 29Proceedings requiring six lay members
  39. 29ADisapplication of rule 29
  40. 30Proceedings with four lay members
  41. 30AReduction in lay members
  42. 31Warrant officers and OR-7s
  43. 32Persons ineligible for membership in particular circumstances
  44. 33Civilians
  45. 34The president of the board
  46. 34AGender representation on boards
  47. 35Objections to lay members
  48. 36Waiting members
  49. 37Swearing of lay members
  50. 38Judge advocate's power to direct lay members to withdraw
  51. Part 5: ASSISTANCE AND REPRESENTATION
  52. 39Legal representatives
  53. 40Parent or guardian of young civilian
  54. Part 6: ARREST OF DEFENDANT
  55. 41Arrest by service police etc before arraignment
  56. 42Warrant for arrest by civilian police
  57. Part 7: ADVANCE INFORMATION
  58. 43Service of advance information
  59. 44Information as to possibility of activation order etc
  60. Part 8: PRELIMINARY PROCEEDINGS
  61. 45Listing of initial preliminary proceedings
  62. 46Listing of further preliminary proceedings
  63. 47Preliminary proceedings in chambers without notice to defendant
  64. 48Outline of prosecution case
  65. 49Powers of judge advocate
  66. 50Appeals
  67. Part 9: JOINDER, SEVERANCE AND AMENDMENT
  68. 51Joinder of charges
  69. 52Severance of charges
  70. 53Severance of defendants
  71. 54Amendment of charges
  72. 55Consequences of exercise of powers under this Part
  73. Part 10: ARRAIGNMENT
  74. 56Arraignment
  75. 57Order that charge lie on the file
  76. 58Offer of no evidence
  77. 59Change of plea
  78. 60Powers of Director after arraignment
  79. 61Retrial authorised by Appeal Court
  80. Part 11: ATTENDANCE OF WITNESSES
  81. 62Notification of witnesses
  82. 63Issue of witness summons on application to a judge advocate
  83. 64Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
  84. 65Issue of witness summons of judge advocate's own motion
  85. 66Application to withdraw a witness summons
  86. 67Oral applications
  87. 68Further process to secure attendance of witness
  88. 69Review of custody of witness
  89. 70Entitlement to witness expenses
  90. 71Order for inspection of banker's books
  91. Part 12: EVIDENCE
  92. Chapter 1: General
  93. 72Application and interpretation of Part 12
  94. 73Rules of evidence
  95. 74Oral testimony to be given on oath
  96. 75Proof by written statement
  97. 76Proof by formal admission
  98. 77Use of documents to refresh memory
  99. Chapter 2: Evidence of bad character
  100. 78Notice of intention to adduce evidence of a defendant's bad character
  101. 79Application to exclude evidence of a defendant's bad character
  102. 80Application for leave to adduce evidence of the bad character of a non-defendant
  103. Chapter 3: Hearsay evidence
  104. 81Notice of intention to adduce hearsay evidence
  105. 82Counter-notice objecting to the admission of hearsay evidence
  106. Chapter 4: Evidence of service matters
  107. 83Evidence of enlistment
  108. 84Evidence as to service etc
  109. 85Service records
  110. 86Defence Council instructions, regulations and certificates
  111. 87Standing or routine orders
  112. Chapter 5: Expert evidence
  113. 88Expert evidence
  114. Chapter 6: Special measures directions
  115. 89Interpretation of Chapter 6
  116. 90Witnesses eligible for assistance on grounds of age or incapacity
  117. 91Witnesses eligible for assistance on grounds of fear or distress about testifying
  118. 92Special measures available
  119. 93Special measures direction relating to eligible witness
  120. 93ASpecial provisions relating to a child witness
  121. 93BExtension of provisions of rule 93A to certain witnesses over 18
  122. 93CSpecial provisions relating to sexual offences
  123. 94Evidence given in private
  124. 95Video recorded evidence in chief
  125. 95AVideo recorded cross-examination or re-examination
  126. 96Examination of witness through intermediary
  127. 97Application for special measures direction: general
  128. 98Application for special measures direction permitting admission of video recorded evidence in chief
  129. 99Variation or discharge of special measures direction
  130. 100Warning to lay members
  131. Chapter 7: Use of specimens in proceedings for offences relating to alcohol and drugs
  132. 100AApplication and interpretation
  133. 100BUse of specimens
  134. 100CDocumentary evidence as to specimens
  135. Part 13: TRIAL PROCEDURE
  136. 101Opening addresses
  137. 102Examination of witnesses
  138. 103Presence of witnesses
  139. 104Submission of no case to answer
  140. 105The case for the defence
  141. 106Finding of not guilty before conclusion of the defence
  142. 107Closing addresses
  143. 108Summing up
  144. 109Deliberation on findings
  145. 110Announcement of findings
  146. Part 14: SENTENCING PROCEEDINGS
  147. 111Application and interpretation of Part 14
  148. 112Dispute on facts after plea of guilty
  149. 113Pre-sentence report and previous convictions
  150. 114Information before sentencing
  151. 115Offences taken into consideration
  152. 116Mitigation of sentence
  153. 117Pronouncement of sentence
  154. Part 14A: Review of sentence proceedings
  155. 117AApplication of Part 14A
  156. 117BReview of sentence
  157. 117CDispute on facts
  158. 117DAttendance of lay members by live link
  159. 117EDecision on review of sentence
  160. 117FPronouncement of sentence
  161. 117GEffect of review of sentence
  162. Part 15: VARIATION PROCEEDINGS
  163. 118Power to vary sentence
  164. 119Direction that variation proceedings be held
  165. 120Direction that variation proceedings be held without lay members
  166. 121Attendance of lay members by live link
  167. 122Decision on variation of sentence
  168. 123Announcement of sentence as varied
  169. 124Power to order offender's release from custody
  170. Part 16: APPELLATE PROCEEDINGS
  171. 125Notice of appeal
  172. 126Extension of initial period
  173. 127Leave to appeal out of time
  174. 128Application of Act and Rules to appellate proceedings
  175. 129Abandonment of appeal
  176. Part 17: ACTIVATION PROCEEDINGS
  177. 130Interpretation of Part 17
  178. 131Offence committed during operational period of suspended sentence of imprisonment
  179. 132Offence committed during operational period of suspended sentence of service detention
  180. 133Offence committed during release period of detention and training order
  181. 134Application for activation proceedings
  182. 135Warrant for offender's arrest
  183. 136Review of custody
  184. 137Disclosure by Director
  185. 138Procedure in activation proceedings
  186. Part 18: ANCILLARY PROCEEDINGS
  187. Chapter 1: Community order proceedings
  188. 139Application and interpretation of Chapter 1
  189. 140Breach of requirements: application for summons or warrant
  190. 141Breach of requirements: arrest under warrant
  191. 142Revocation of order with or without re-sentencing
  192. 143Amendment of requirements
  193. 144Extension of unpaid work requirement
  194. Chapter 2: Other ancillary proceedings
  195. 145Review of service compensation order
  196. 146Application for time to pay financial penalty
  197. 147Remission of fine
  198. 148Remission of case by Appeal Court for consideration of service restraining order
  199. 149Variation or revocation of service restraining order
  200. 150Variation or revocation of order for recognizance
  201. 151Certification of contempt of court
  202. 151ACertification of failure to comply with production order
  203. Chapter 3: Driving Disqualification Orders
  204. 151BApplication to remove a disqualification
  205. 151CInformation to be supplied on order for disqualification, etc.
  206. Part 19: RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
  207. 152Proceedings in camera
  208. 153Withholding of matter from the public in proceedings before the court
  209. 154Appeals
  210. Part 20: CONSEQUENCES OF ELECTION FOR COURT MARTIAL TRIAL Repealed
  211. 155Interpretation Repealed
  212. 156Charge referred to Director following election on another charge Repealed
  213. 157Powers of the Director Repealed
  214. 158Sentence where charge added to, or substituted for, election charge Repealed
  215. 159Sentence where charge referred following election on another charge Repealed
  216. 160Multiple relevant offences: application of section 165(4) Repealed
  217. 161Sentence for multiple relevant offences Repealed
  218. 162Multiple relevant offences: powers of Appeal Court Repealed
  219. 163Offences associated with a relevant offence Repealed
  220. 164Activation of suspended sentence of detention Repealed
  221. 165Service restraining orders Repealed
  222. 166Review of unduly lenient sentence Repealed
  223. Part 21: TRANSITORY AND TRANSITIONAL PROVISIONS
  224. 167Supreme Court of Northern Ireland
  225. 168Transitional
  226. Signature
  227. Schedule 1: OATHS AND AFFIRMATIONS
  228. 1Paragraph 1
  229. Schedule 2: TRANSITIONAL PROVISIONS
  230. Part 1: GENERAL
  231. 1Interpretation
  232. 2Record of court-martial proceedings
  233. 3Persons ineligible for membership in particular circumstances
  234. Part 2: STEPS TAKEN BEFORE COMMENCEMENT
  235. 4Service of documents
  236. 5Court administration officers
  237. 6Prosecuting officers
  238. 7Legal representatives
  239. 8Arraignment
  240. 9Directions etc
  241. Part 3: EVIDENCE
  242. 10Proof by written statement
  243. 11Evidence of enlistment or entry for service
  244. 12Documents signed by or on behalf of a person's commanding officer
  245. 13Special measures
  246. Part 4: SENTENCING
  247. 14SDA offences
  248. 15Activation of suspended sentence of imprisonment
  249. 16SDA conditional discharge orders
  250. 17Community supervision orders
  251. 18Variation proceedings
  252. 19Power to order offender's release from custody
  253. Part 5: APPELLATE PROCEEDINGS
  254. 20Appeal from a Standing Civilian Court
  255. Part 6: ACTIVATION PROCEEDINGS
  256. 21Activation proceedings in respect of a suspended sentence of detention under NDA 1957
  257. Part 7: ANCILLARY PROCEEDINGS
  258. 22Review of stoppages or SDA compensation order
  259. 23Application for time to pay financial penalty
  260. 24Variation or revocation of order for recognizance
  261. Part 8: CONSEQUENCES OF ELECTION FOR COURT-MARTIAL TRIAL Repealed
  262. 25Interpretation Repealed
  263. 26Application of Part 20 to SDA elections Repealed
  264. 27Charge referred to higher authority following election for court-martial trial on another charge Repealed
  265. 28Powers of the Director Repealed
  266. 29Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b) Repealed
  267. 30Sentence where charge referred following SDA election on another charge Repealed
  268. 31Multiple relevant offences where election under AA 1955 Repealed
  269. 32Sentence for multiple relevant offences Repealed
  270. 33Activation of suspended SDA sentence of detention Repealed
  271. Explanatory note