Armed Forces Act 1996

30 For section 103 there shall be substituted the following section—

“103 Rules

(1) The Secretary of State may make rules with respect to—

(a) the investigation, prosecution and trial of, and awarding of punishment for, offences cognizable by courts-martial;

(b) the review of findings and sentences of courts-martial.

(2) Rules under this section may in particular make provision with respect to—

(a) proceedings preliminary to trials by general or district courts-martial;

(b) the appointment of a judge advocate for any preliminary proceedings;

(c) the delegation by court administration officers of any of their functions;

(d) the convening and constitution of general and district courts-martial;

(e) the sittings, adjournment and dissolution of general and district courts-martial;

(f) the procedure to be followed in trials by general and district courts-martial;

(g) the representation of the accused at such trials and any preliminary proceedings;

(h) procuring the attendance of witnesses at such trials and any preliminary proceedings;

(i) enabling a general or district court-martial, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;

(j) enabling a general or district court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;

(k) directing that the powers conferred by section 7 of the [1879 c. 11.] Bankers' Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers' books for the purposes of legal proceedings) may be exercised for the purposes of a general or district court-martial (whether within or without the United Kingdom) by the commanding officer of the accused or a judge advocate as well as by the court or a judge within the meaning of that Act;

(l) the forms of orders and other documents to be made for the purposes of any provision of this Act or of rules under this section;

(m) the cases in which, and extent to which, offences may be taken into consideration by a general or district court-martial and the powers of the court in relation to any offences taken into consideration;

(n) the recording of the proceedings of a general or district court-martial;

(o) the procedure to be followed on review of findings and sentences of general or district courts-martial.

(3) Rules made by virtue of paragraph (i) of subsection (2) above shall secure that the power to amend charges is not exercisable in circumstances substantially different from those in which indictments are amendable by a civil court in England, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable.

(4) A rule under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.

(5) Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”