The Armed Forces (Court Martial) Rules 2009
S.I. 2009/2041 · Made 21 July 2009 · Extends to United Kingdom
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
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
- 20Deliberation in private
- 21Oaths and affirmations
- 22Interpretation, translation and communication through an intermediary
- 22AInterpretation and translation for persons other than a person to whom proceedings relate
- 23Record of proceedings
- 24Exhibits
- 25Termination of proceedings
- 26Circumstances not provided for
- Part 4: MEMBERS OF THE COURT
- 27Proceedings without lay members
- 28Powers that may be exercised by a judge advocate
- 29Proceedings requiring six lay members
- 29ADisapplication of rule 29
- 30Proceedings with four lay members
- 30AReduction in lay members
- 31Warrant officers and OR-7s
- 32Persons ineligible for membership in particular circumstances
- 33Civilians
- 34The president of the board
- 34AGender representation on boards
- 35Objections to lay members
- 36Waiting members
- 37Swearing of lay members
- 38Judge advocate's power to direct lay members to withdraw
- Part 5: ASSISTANCE AND REPRESENTATION
- 39Legal representatives
- 40Parent or guardian of young civilian
- Part 6: ARREST OF DEFENDANT
- 41Arrest by service police etc before arraignment
- 42Warrant for arrest by civilian police
- Part 7: ADVANCE INFORMATION
- 43Service of advance information
- 44Information as to possibility of activation order etc
- Part 8: PRELIMINARY PROCEEDINGS
- 45Listing of initial preliminary proceedings
- 46Listing of further preliminary proceedings
- 47Preliminary proceedings in chambers without notice to defendant
- 48Outline of prosecution case
- 49Powers of judge advocate
- 50Appeals
- Part 9: JOINDER, SEVERANCE AND AMENDMENT
- 51Joinder of charges
- 52Severance of charges
- 53Severance of defendants
- 54Amendment of charges
- 55Consequences of exercise of powers under this Part
- Part 10: ARRAIGNMENT
- 56Arraignment
- 57Order that charge lie on the file
- 58Offer of no evidence
- 59Change of plea
- 60Powers of Director after arraignment
- 61Retrial authorised by Appeal Court
- Part 11: ATTENDANCE OF WITNESSES
- 62Notification of witnesses
- 63Issue of witness summons on application to a judge advocate
- 64Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
- 65Issue of witness summons of judge advocate's own motion
- 66Application to withdraw a witness summons
- 67Oral applications
- 68Further process to secure attendance of witness
- 69Review of custody of witness
- 70Entitlement to witness expenses
- 71Order for inspection of banker's books
- Part 12: EVIDENCE
- Chapter 1: General
- 72Application and interpretation of Part 12
- 73Rules of evidence
- 74Oral testimony to be given on oath
- 75Proof by written statement
- 76Proof by formal admission
- 77Use of documents to refresh memory
- Chapter 2: Evidence of bad character
- 78Notice of intention to adduce evidence of a defendant's bad character
- 79Application to exclude evidence of a defendant's bad character
- 80Application for leave to adduce evidence of the bad character of a non-defendant
- Chapter 3: Hearsay evidence
- 81Notice of intention to adduce hearsay evidence
- 82Counter-notice objecting to the admission of hearsay evidence
- Chapter 4: Evidence of service matters
- 83Evidence of enlistment
- 84Evidence as to service etc
- 85Service records
- 86Defence Council instructions, regulations and certificates
- 87Standing or routine orders
- Chapter 5: Expert evidence
- 88Expert evidence
- Chapter 6: Special measures directions
- 89Interpretation of Chapter 6
- 90Witnesses eligible for assistance on grounds of age or incapacity
- 91Witnesses eligible for assistance on grounds of fear or distress about testifying
- 92Special measures available
- 93Special measures direction relating to eligible witness
- 93ASpecial provisions relating to a child witness
- 93BExtension of provisions of rule 93A to certain witnesses over 18
- 93CSpecial provisions relating to sexual offences
- 94Evidence given in private
- 95Video recorded evidence in chief
- 95AVideo recorded cross-examination or re-examination
- 96Examination of witness through intermediary
- 97Application for special measures direction: general
- 98Application for special measures direction permitting admission of video recorded evidence in chief
- 99Variation or discharge of special measures direction
- 100Warning to lay members
- Chapter 7: Use of specimens in proceedings for offences relating to alcohol and drugs
- 100AApplication and interpretation
- 100BUse of specimens
- 100CDocumentary evidence as to specimens
- Part 13: TRIAL PROCEDURE
- 101Opening addresses
- 102Examination of witnesses
- 103Presence of witnesses
- 104Submission of no case to answer
- 105The case for the defence
- 106Finding of not guilty before conclusion of the defence
- 107Closing addresses
- 108Summing up
- 109Deliberation on findings
- 110Announcement of findings
- Part 14: SENTENCING PROCEEDINGS
- 111Application and interpretation of Part 14
- 112Dispute on facts after plea of guilty
- 113Pre-sentence report and previous convictions
- 114Information before sentencing
- 115Offences taken into consideration
- 116Mitigation of sentence
- 117Pronouncement of sentence
- Part 14A: Review of sentence proceedings
- 117AApplication of Part 14A
- 117BReview of sentence
- 117CDispute on facts
- 117DAttendance of lay members by live link
- 117EDecision on review of sentence
- 117FPronouncement of sentence
- 117GEffect of review of sentence
- Part 15: VARIATION PROCEEDINGS
- 118Power to vary sentence
- 119Direction that variation proceedings be held
- 120Direction that variation proceedings be held without lay members
- 121Attendance of lay members by live link
- 122Decision on variation of sentence
- 123Announcement of sentence as varied
- 124Power to order offender's release from custody
- Part 16: APPELLATE PROCEEDINGS
- 125Notice of appeal
- 126Extension of initial period
- 127Leave to appeal out of time
- 128Application of Act and Rules to appellate proceedings
- 129Abandonment of appeal
- Part 17: ACTIVATION PROCEEDINGS
- 130Interpretation of Part 17
- 131Offence committed during operational period of suspended sentence of imprisonment
- 132Offence committed during operational period of suspended sentence of service detention
- 133Offence committed during release period of detention and training order
- 134Application for activation proceedings
- 135Warrant for offender's arrest
- 136Review of custody
- 137Disclosure by Director
- 138Procedure in activation proceedings
- Part 18: ANCILLARY PROCEEDINGS
- Chapter 1: Community order proceedings
- 139Application and interpretation of Chapter 1
- 140Breach of requirements: application for summons or warrant
- 141Breach of requirements: arrest under warrant
- 142Revocation of order with or without re-sentencing
- 143Amendment of requirements
- 144Extension of unpaid work requirement
- Chapter 2: Other ancillary proceedings
- 145Review of service compensation order
- 146Application for time to pay financial penalty
- 147Remission of fine
- 148Remission of case by Appeal Court for consideration of service restraining order
- 149Variation or revocation of service restraining order
- 150Variation or revocation of order for recognizance
- 151Certification of contempt of court
- 151ACertification of failure to comply with production order
- Chapter 3: Driving Disqualification Orders
- 151BApplication to remove a disqualification
- 151CInformation to be supplied on order for disqualification, etc.
- Part 19: RESTRICTIONS ON PUBLIC ACCESS AND REPORTING
- 152Proceedings in camera
- 153Withholding of matter from the public in proceedings before the court
- 154Appeals
- Part 20: CONSEQUENCES OF ELECTION FOR COURT MARTIAL TRIAL Repealed
- 155Interpretation Repealed
- 156Charge referred to Director following election on another charge Repealed
- 157Powers of the Director Repealed
- 158Sentence where charge added to, or substituted for, election charge Repealed
- 159Sentence where charge referred following election on another charge Repealed
- 160Multiple relevant offences: application of section 165(4) Repealed
- 161Sentence for multiple relevant offences Repealed
- 162Multiple relevant offences: powers of Appeal Court Repealed
- 163Offences associated with a relevant offence Repealed
- 164Activation of suspended sentence of detention Repealed
- 165Service restraining orders Repealed
- 166Review of unduly lenient sentence Repealed
- Part 21: TRANSITORY AND TRANSITIONAL PROVISIONS
- 167Supreme Court of Northern Ireland
- 168Transitional
- Signature
- Schedule 1: OATHS AND AFFIRMATIONS
- 1Paragraph 1
- Schedule 2: TRANSITIONAL PROVISIONS
- Part 1: GENERAL
- 1Interpretation
- 2Record of court-martial proceedings
- 3Persons ineligible for membership in particular circumstances
- Part 2: STEPS TAKEN BEFORE COMMENCEMENT
- 4Service of documents
- 5Court administration officers
- 6Prosecuting officers
- 7Legal representatives
- 8Arraignment
- 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
- 13Special measures
- Part 4: SENTENCING
- 14SDA offences
- 15Activation of suspended sentence of imprisonment
- 16SDA conditional discharge orders
- 17Community supervision orders
- 18Variation proceedings
- 19Power to order offender's release from custody
- Part 5: APPELLATE PROCEEDINGS
- 20Appeal from a Standing Civilian Court
- Part 6: ACTIVATION PROCEEDINGS
- 21Activation proceedings in respect of a suspended sentence of detention under NDA 1957
- Part 7: ANCILLARY PROCEEDINGS
- 22Review of stoppages or SDA compensation order
- 23Application for time to pay financial penalty
- 24Variation or revocation of order for recognizance
- Part 8: CONSEQUENCES OF ELECTION FOR COURT-MARTIAL TRIAL Repealed
- 25Interpretation Repealed
- 26Application of Part 20 to SDA elections Repealed
- 27Charge referred to higher authority following election for court-martial trial on another charge Repealed
- 28Powers of the Director Repealed
- 29Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b) Repealed
- 30Sentence where charge referred following SDA election on another charge Repealed
- 31Multiple relevant offences where election under AA 1955 Repealed
- 32Sentence for multiple relevant offences Repealed
- 33Activation of suspended SDA sentence of detention Repealed
- Explanatory note