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

PART III GENERAL DUTIES OF PRESIDENT AND JUDGE ADVOCATE

The president

18.  The president shall be responsible for the trial being held and conducted in accordance with the provisions of the Act, and with these Orders.

Judge advocate generally

19.  –

(1) On the assembly of the court the judge advocate shall advise the court of any defect in the constitution of the court or in the charge sheet, and during the trial he shall advise the court (whether or not his advice is requested) upon all questions of law or procedure which may arise. The court shall accept his advice on all such matters unless in their opinion there are compelling reasons for rejecting it, in which event these reasons shall be recorded in the proceedings.

(2) After the closing speeches by the prosecution and the defence the judge advocate shall, before the court close to consider their finding, advise the court upon the law relating to the case and sum up the relevant evidence.

(3) Should the court require further advice on the law during their deliberation on the finding, they shall suspend their deliberation and seek and be given such further advice by the judge advocate in open court.

(4) If the court reach a finding of guilty or a special finding under sections 67 or 68 of the Act and the judge advocate is of the opinion that such finding or special finding is contrary to the law relating to the case, he shall advise the court of the findings which are, in his opinion, open to them. The court shall then reconsider their finding in closed court.

(5) The judge advocate shall be present whenever the court is sitting whether in open or closed court, except when the court is deliberating on the finding or on a submission of no case to answer.

(6) The judge advocate has the duty of ensuring that the accused, particularly if he is not represented, does not suffer any disadvantage in consequence of his position as such or of his ignorance or of his incapacity to examine to cross-examine witnesses, or to make his own evidence clear and intelligible, or otherwise.

(7) The judge advocate shall be responsible for seeing that a proper record of the proceedings is made in accordance with Order 63 and shall be responsible for the safe custody of the record of proceedings under Order 66.

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.