The Armed Forces (Court Martial) Rules 2009

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation: proceedings and parties

   3. 3. Interpretation: general

3. PART 1A THE OVERRIDING OBJECTIVE

   1. 3A. The overriding objective

   2. 3B. The duty of the participants in a case

   3. 3C. The application by the court of the overriding objective

4. PART 2 SERVICE OF DOCUMENTS

   1. 4. Interpretation of Part 2

   2. 5. Service on a person to whom proceedings relate

   3. 6. Service on the court administration officer

   4. 7. Service on the Director

   5. 8. Service on other individuals

   6. 9. Service on a corporation

   7. 10. Service by another method

   8. 11. Service by commanding officer

   9. 12. Service by fax or electronic means

   10. 13. Date of service

   11. 14. Proof of service

5. PART 3 PROCEEDINGS: GENERAL

   1. 15. The court administration officer

   2. 16. Listing of proceedings

   3. 17. Notification of proceedings

   4. 18. Live links

   5. 19. Proceedings in absence of defendant etc

   6. 20. Deliberation in private

   7. 21. Oaths and affirmations

   8. 22. Interpretation, translation and communication through an intermediary

   9. 22A. Interpretation and translation for persons other than a person to whom proceedings relate

   10. 23. Record of proceedings

   11. 24. Exhibits

   12. 25. Termination of proceedings

   13. 26. Circumstances not provided for

6. PART 4 MEMBERS OF THE COURT

   1. 27. Proceedings without lay members

   2. 28. Powers that may be exercised by a judge advocate

   3. 29. Proceedings requiring six lay members

   4. 29A. Disapplication of rule 29

   5. 30. Proceedings with four lay members

   6. 30A. Reduction in lay members

   7. 31. Warrant officers and OR-7s

   8. 32. Persons ineligible for membership in particular circumstances

   9. 33. Civilians

   10. 34. The president of the board

   11. 34A. Gender representation on boards

   12. 35. Objections to lay members

   13. 36. Waiting members

   14. 37. Swearing of lay members

   15. 38. Judge advocate's power to direct lay members to withdraw

7. PART 5 ASSISTANCE AND REPRESENTATION

   1. 39. Legal representatives

   2. 40. Parent or guardian of young civilian

8. PART 6 ARREST OF DEFENDANT

   1. 41. Arrest by service police etc before arraignment

   2. 42. Warrant for arrest by civilian police

9. PART 7 ADVANCE INFORMATION

   1. 43. Service of advance information

   2. 44. Information as to possibility of activation order etc

10. PART 8 PRELIMINARY PROCEEDINGS

    1. 45. Listing of initial preliminary proceedings

    2. 46. Listing of further preliminary proceedings

    3. 47. Preliminary proceedings in chambers without notice to defendant

    4. 48. Outline of prosecution case

    5. 49. Powers of judge advocate

    6. 50. Appeals

11. PART 9 JOINDER, SEVERANCE AND AMENDMENT

    1. 51. Joinder of charges

    2. 52. Severance of charges

    3. 53. Severance of defendants

    4. 54. Amendment of charges

    5. 55. Consequences of exercise of powers under this Part

12. PART 10 ARRAIGNMENT

    1. 56. Arraignment

    2. 57. Order that charge lie on the file

    3. 58. Offer of no evidence

    4. 59. Change of plea

    5. 60. Powers of Director after arraignment

    6. 61. Retrial authorised by Appeal Court

13. PART 11 ATTENDANCE OF WITNESSES

    1. 62. Notification of witnesses

    2. 63. Issue of witness summons on application to a judge advocate

    3. 64. Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality

    4. 65. Issue of witness summons of judge advocate's own motion

    5. 66. Application to withdraw a witness summons

    6. 67. Oral applications

    7. 68. Further process to secure attendance of witness

    8. 69. Review of custody of witness

    9. 70. Entitlement to witness expenses

    10. 71. Order for inspection of banker's books

14. PART 12 EVIDENCE

    1. CHAPTER 1 General

       1. 72. Application and interpretation of Part 12

       2. 73. Rules of evidence

       3. 74. Oral testimony to be given on oath

       4. 75. Proof by written statement

       5. 76. Proof by formal admission

       6. 77. Use of documents to refresh memory

    2. CHAPTER 2 Evidence of bad character

       1. 78. Notice of intention to adduce evidence of a defendant's bad character

       2. 79. Application to exclude evidence of a defendant's bad character

       3. 80. Application for leave to adduce evidence of the bad character of a non-defendant

    3. CHAPTER 3 Hearsay evidence

       1. 81. Notice of intention to adduce hearsay evidence

       2. 82. Counter-notice objecting to the admission of hearsay evidence

    4. CHAPTER 4 Evidence of service matters

       1. 83. Evidence of enlistment

       2. 84. Evidence as to service etc

       3. 85. Service records

       4. 86. Defence Council instructions, regulations and certificates

       5. 87. Standing or routine orders

    5. CHAPTER 5 Expert evidence

       1. 88. Expert evidence

    6. CHAPTER 6 Special measures directions

       1. 89. Interpretation of Chapter 6

       2. 90. Witnesses eligible for assistance on grounds of age or incapacity

       3. 91. Witnesses eligible for assistance on grounds of fear or distress about testifying

       4. 92. Special measures available

       5. 93. Special measures direction relating to eligible witness

       6. 93A. Special provisions relating to a child witness

       7. 93B. Extension of provisions of rule 93A to certain witnesses over 18

       8. 93C. Special provisions relating to sexual offences

       9. 94. Evidence given in private

       10. 95. Video recorded evidence in chief

       11. 95A. Video recorded cross-examination or re-examination

       12. 96. Examination of witness through intermediary

       13. 97. Application for special measures direction: general

       14. 98. Application for special measures direction permitting admission of video recorded evidence in chief

       15. 99. Variation or discharge of special measures direction

       16. 100. Warning to lay members

    7. CHAPTER 7 Use of specimens in proceedings for offences relating to alcohol and drugs

       1. 100A. Application and interpretation

       2. 100B. Use of specimens

       3. 100C. Documentary evidence as to specimens

15. PART 13 TRIAL PROCEDURE

    1. 101. Opening addresses

    2. 102. Examination of witnesses

    3. 103. Presence of witnesses

    4. 104. Submission of no case to answer

    5. 105. The case for the defence

    6. 106. Finding of not guilty before conclusion of the defence

    7. 107. Closing addresses

    8. 108. Summing up

    9. 109. Deliberation on findings

    10. 110. Announcement of findings

16. PART 14 SENTENCING PROCEEDINGS

    1. 111. Application and interpretation of Part 14

    2. 112. Dispute on facts after plea of guilty

    3. 113. Pre-sentence report and previous convictions

    4. 114. Information before sentencing

    5. 115. Offences taken into consideration

    6. 116. Mitigation of sentence

    7. 117. Pronouncement of sentence

17. PART 15 VARIATION PROCEEDINGS

    1. 118. Power to vary sentence

    2. 119. Direction that variation proceedings be held

    3. 120. Direction that variation proceedings be held without lay members

    4. 121. Attendance of lay members by live link

    5. 122. Decision on variation of sentence

    6. 123. Announcement of sentence as varied

    7. 124. Power to order offender's release from custody

18. PART 16 APPELLATE PROCEEDINGS

    1. 125. Notice of appeal

    2. 126. Extension of initial period

    3. 127. Leave to appeal out of time

    4. 128. Application of Act and Rules to appellate proceedings

    5. 129. Abandonment of appeal

19. PART 17 ACTIVATION PROCEEDINGS

    1. 130. Interpretation of Part 17

    2. 131. Offence committed during operational period of suspended sentence of imprisonment

    3. 132. Offence committed during operational period of suspended sentence of service detention

    4. 133. Offence committed during release period of detention and training order

    5. 134. Application for activation proceedings

    6. 135. Warrant for offender's arrest

    7. 136. Review of custody

    8. 137. Disclosure by Director

    9. 138. Procedure in activation proceedings

20. PART 18 ANCILLARY PROCEEDINGS

    1. CHAPTER 1 Community order proceedings

       1. 139. Application and interpretation of Chapter 1

       2. 140. Breach of requirements: application for summons or warrant

       3. 141. Breach of requirements: arrest under warrant

       4. 142. Revocation of order with or without re-sentencing

       5. 143. Amendment of requirements

       6. 144. Extension of unpaid work requirement

    2. CHAPTER 2 Other ancillary proceedings

       1. 145. Review of service compensation order

       2. 146. Application for time to pay financial penalty

       3. 147. Remission of fine

       4. 148. Remission of case by Appeal Court for consideration of service restraining order

       5. 149. Variation or revocation of service restraining order

       6. 150. Variation or revocation of order for recognizance

       7. 151. Certification of contempt of court

       8. 151A. Certification of failure to comply with production order

    3. Chapter 3 Driving Disqualification Orders

       1. 151B. Application to remove a disqualification

       2. 151C. Information to be supplied on order for disqualification, etc.

21. PART 19 RESTRICTIONS ON PUBLIC ACCESS AND REPORTING

    1. 152. Proceedings in camera

    2. 153. Withholding of matter from the public in proceedings before the court

    3. 154. Appeals

22. PART 20 CONSEQUENCES OF ELECTION FOR COURT MARTIAL TRIAL

    1. 155. Interpretation

    2. 156. Charge referred to Director following election on another charge

    3. 157. Powers of the Director

    4. 158. Sentence where charge added to, or substituted for, election charge

    5. 159. Sentence where charge referred following election on another charge

    6. 160. Multiple relevant offences: application of section 165(4)

    7. 161. Sentence for multiple relevant offences

    8. 162. Multiple relevant offences: powers of Appeal Court

    9. 163. Offences associated with a relevant offence

    10. 164. Activation of suspended sentence of detention

    11. 165. Service restraining orders

    12. 166. Review of unduly lenient sentence

23. PART 21 TRANSITORY AND TRANSITIONAL PROVISIONS

    1. 167. Supreme Court of Northern Ireland

    2. 168. Transitional

24. Signature

25. 1. SCHEDULE 1

       OATHS AND AFFIRMATIONS

       1. 1. The words prescribed are— (a) for lay members in trial...

    2. SCHEDULE 2

       TRANSITIONAL PROVISIONS

       1. PART 1 GENERAL

          1. 1. Interpretation

          2. 2. Record of court-martial proceedings

          3. 3. Persons ineligible for membership in particular circumstances

       2. PART 2 STEPS TAKEN BEFORE COMMENCEMENT

          1. 4. Service of documents

          2. 5. Court administration officers

          3. 6. Prosecuting officers

          4. 7. Legal representatives

          5. 8. Arraignment

          6. 9. Directions etc

       3. PART 3 EVIDENCE

          1. 10. Proof by written statement

          2. 11. Evidence of enlistment or entry for service

          3. 12. Documents signed by or on behalf of a person's commanding officer

          4. 13. Special measures

       4. PART 4 SENTENCING

          1. 14. SDA offences

          2. 15. Activation of suspended sentence of imprisonment

          3. 16. SDA conditional discharge orders

          4. 17. Community supervision orders

          5. 18. Variation proceedings

          6. 19. Power to order offender's release from custody

       5. PART 5 APPELLATE PROCEEDINGS

          1. 20. Appeal from a Standing Civilian Court

       6. PART 6 ACTIVATION PROCEEDINGS

          1. 21. Activation proceedings in respect of a suspended sentence of detention under NDA 1957

       7. PART 7 ANCILLARY PROCEEDINGS

          1. 22. Review of stoppages or SDA compensation order

          2. 23. Application for time to pay financial penalty

          3. 24. Variation or revocation of order for recognizance

       8. PART 8 CONSEQUENCES OF ELECTION FOR COURT-MARTIAL TRIAL

          1. 25. Interpretation

          2. 26. Application of Part 20 to SDA elections

          3. 27. Charge referred to higher authority following election for court-martial trial on another charge

          4. 28. Powers of the Director

          5. 29. Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b)

          6. 30. Sentence where charge referred following SDA election on another charge

          7. 31. Multiple relevant offences where election under AA 1955

          8. 32. Sentence for multiple relevant offences

          9. 33. Activation of suspended SDA sentence of detention

26. Explanatory Note