The Naval Courts-Martial General Orders (Royal Navy) 1991

Judge advocate sitting alone

20.  –

(1) Where–

(a) an accused before pleading to a charge pleads that the court is debarred from trying him by virtue of section 52(1) or section 129(2) of the Act or otherwise; or

(b) during the course of a trial any matter of law arises such as a question as to the admissibility of evidence;

the judge advocate may request that he hear the argument and rule upon it in the absence of the president and the members of the court, in which event the president and the members of the court shall then withdraw from the court, and the judge advocate shall, for the time being, exercise the powers and duties of the court.

(2) When the president and members of the court have withdrawn in accordance with paragraph (1) of this Order, the judge advocate shall hear the arguments and evidence relevant to the point at issue and shall give his ruling upon this point and such reasons therefore as he may consider necessary. After the judge advocate has given his ruling the president and members of the court shall return to the courtroom and the judge advocate if appropriate shall announce his ruling to them and the court shall follow his ruling.

(3) When a judge advocate is sitting alone in accordance with this Order and a person subject to the Act commits an offence under section 38(1) of the Act(3), the judge advocate shall report the occurrence to the president who shall take such action as he considers appropriate.

(4) Proceedings under this Order shall be recorded.

(1)

Section 52 was amended by the Armed Forces Act 1971 (c. 33), section 41 and by the Armed Forces Act 1981 (c. 55), section 6 and by the Armed Forces Act 1986 (c. 21), section 7.

(2)

Section 129 was amended by the Armed Forces Act 1966 (c. 45), section 35 and by the Armed Forces Act 1971(c. 33), section 55 and by the Criminal Justice Act 1988 (c. 33), section 123(6) and Schedule 8, Part I, paragraph 3(2) and Part II.

(3)

Section 38 was amended by the Armed Forces Act 1971 (c. 33), section 23(3) and by the Criminal Justice Act 1982 (c. 48), section 58 and Schedule 8, paragraph 1 and by the Armed Forces Act 1986 (c. 21), section 16(1) and Schedule 1, paragraph 2.