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

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation, commencement and application

    2. 2.Interpretation

  3. PART II PRE-TRIAL PROCEEDINGS

    1. 3.Notice of alibi

    2. 4.Reference of charges to convening authority

    3. 5.The circumstantial letter

    4. 6.Statements of the accused

    5. 7.Charge sheet

    6. 8.Charge sheet–joint trials

    7. 9.The Charge

    8. 10.Amendment of charge sheet

    9. 11.Fresh evidence of negligence not alleged in circumstantial letter

    10. 12.Unfitness to stand trial and insanity

    11. 13.Duties of a convening authority

    12. 14.Preparation of defence

    13. 15.Navigation trials

    14. 16.Report by navigation expert

    15. 17.Navigation of aircraft

  4. PART III GENERAL DUTIES OF PRESIDENT AND JUDGE ADVOCATE

    1. 18.The president

    2. 19.Judge advocate generally

    3. 20.Judge advocate sitting alone

  5. PART IV TRIAL PROCEEDINGS

    1. 21.Status of members of the court-martial

    2. 22.Challenges by the accused

    3. 23.Administration of oaths

    4. 24.Interpreter and shorthand writer

    5. 25.Form of oath

    6. 26.Arraignment

    7. 27.Challenge to the jurisdiction

    8. 28.Charge defective in law

    9. 29.Time bar or earlier trial

    10. 30.Application to sever charges

    11. 31.Plea to the charge

    12. 32.Guilty plea

    13. 33.Alternative charges

    14. 34.Procedure after guilty plea

    15. 35.Changes of plea

    16. 36.Procedure after not guilty plea

    17. 37.Circumstantial letter not copied to the court

    18. 38.Additional facts or evidence

    19. 39.Witnesses not called by prosecutor

    20. 40.Oath of witness

    21. 41.Withdrawal of witnesses

    22. 42.Examination of witnesses by prosecution and defence

    23. 43.Examination of navigation expert

    24. 44.Examination of witnesses by president and judge advocate

    25. 45.Recall of witnesses

    26. 46.Transcript of tape recording

    27. 47.Submission of no case to answer

    28. 48.Evidence for the accused

    29. 49.Witnesses called by the defence

    30. 50.Further evidence for the prosecution

    31. 51.Closing addresses

    32. 52.Summing up by the judge advocate

    33. 53.Adjournment

    34. 54.Reaching of finding

    35. 55.Opinions on finding

    36. 56.Advice of judge advocate on finding

    37. 57.Evidence of character and circumstances

    38. 58.Offences taken into consideration

    39. 59.Determination of sentence

    40. 60.Postponement of sentence

    41. 61.Recording of sentence

  6. PART V WITNESSES AND THE RECORD

    1. 62.Witness Summons

    2. 63.Record of proceedings

    3. 64.Documents to accompany record in navigation trials

    4. 65.Exhibits

    5. 66.Custody of record of proceedings and exhibits during trial

  7. PART VI EVIDENCE

    1. 67.Rules of evidence

    2. 68.Privileges of witnesses

    3. 69.Proof of service facts and records

    4. 70.Bankers' Books

    5. 71.Evidence in navigational trials

  8. PART VII MISCELLANEOUS

    1. 72.Civilian counsel

    2. 73.Deviation or omission

    3. 74.Unforeseen circumstances

    4. 75.Revocation and savings

  9. Signature

    1. SCHEDULE

      OATHS AND AFFIRMATIONS

      1. PART I manner of administering oaths at courts-martial

        1. 1.The oaths referred to in Section 60(1) and (2) of...

      2. PART II FORMS OF OATH

        1. President and Members

          1. 2.I swear by Almighty God that I will duly administer...

        2. Judge Advocate

          1. 3.I swear by Almighty God that I will to the...

        3. Clerk of the Court or Officer Under Instruction

          1. 4.I swear by Almighty God that I will not on...

        4. Interpreter

          1. 5.I swear by Almighty God that I will to the...

        5. Witness

          1. 6.I swear by Almighty God that the evidence which I...

        6. Child or Young Person

          1. 7.I promise before Almighty God that the evidence which I...

      3. PART III form of scottish oaths

        1. 8.The form of Scottish oath shall in each case be...

      4. PART IV form of solemn affirmations

        1. 9.The person permitted under Section 60(4) of the Act to...

  10. Explanatory Note

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