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The Courts-Martial (Royal Air Force) Rules 1997

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Service on an accused

  3. PART II PROSECUTION OF OFFENCES

    1. 4.Referring a case to the prosecuting authority

    2. 5.Formal preliminary examination

    3. 6.Conduct of formal preliminary examination

    4. 7.Charge sheet

    5. 8.Charges and joinder

    6. 9.Notifying the accused’s commanding officer

    7. 10.Notifying the court administration officer

    8. 11.Notification of trial

    9. 12.Discontinuing proceedings before trial

    10. 13.Description of the court-martial

    11. 14.Amending charges and additional charges before trial

  4. PART III GENERAL MATTERS

    1. 15.Conduct of the defence

    2. 16.Convening the court

    3. 17.Ineligibility for membership of courts-martial

    4. 18.Appointment of court officials

    5. 19.Delegation of the court administration officer’s functions

    6. 20.Additional evidence before trial

    7. 21.Witness not called by the prosecutor

    8. 22.Witnesses for the accused

    9. 23.Witness summons

    10. 24.Oaths and affirmations

  5. PART IV PRELIMINARY PROCEEDINGS

    1. 25.Hearing for directions

    2. 26.Hearing for directions in chambers

    3. 27.Substance of a hearing for directions

    4. 28.Hearing for directions without notice to the accused

    5. 29.Preparatory hearing

    6. 30.Challenges and oaths at a preparatory hearing

    7. 31.Substance of a preparatory hearing

  6. PART V PROCEEDINGS AT COURT-MARTIAL

    1. 32.The judge advocate

    2. 33.The president

    3. 34.Sittings and adjournment

    4. 35.Record of proceedings

    5. 36.Closed court

    6. 37.Pre-trial hearing

    7. 38.Challenges and oaths at a pre-trial hearing

    8. 39.Substance of a pre-trial hearing

    9. 40.Challenges by the accused

    10. 41.Administration of oaths and affirmations

    11. 42.Commencement of the trial

    12. 43.Judge advocate sitting alone

    13. 44.Severance

    14. 45.Arraignment

    15. 46.Guilty plea

    16. 47.Alternative charges

    17. 48.Additional charges during trial

    18. 49.Changes to the charge sheet during trial

    19. 50.Changes to the charge sheet by the court

    20. 51.Procedure after guilty plea

    21. 52.Pleas of guilty and not guilty on one charge sheet

    22. 53.Dispute on facts after finding of guilty

    23. 54.Change of plea

    24. 55.Procedure after not guilty plea

    25. 56.Additional evidence during trial

    26. 57.Expert evidence

    27. 58.Exhibits

    28. 59.Presence of witnesses

    29. 60.Evidence through television link

    30. 61.Video recordings of testimony from child witnesses

    31. 62.Examination of witnesses

    32. 63.Submission of no case to answer

    33. 64.Finding of not guilty before conclusion of the defence

    34. 65.The case for the defence

    35. 66.Witnesses for the defence

    36. 67.Further evidence

    37. 68.Closing addresses

    38. 69.Summing up

    39. 70.Deliberation on finding

    40. 71.Special finding

    41. 72.Record of finding

    42. 73.Inquiry into finding

    43. 74.Offences taken into consideration

  7. PART VI SENTENCING

    1. 75.Pre-sentence report and previous convictions

    2. 76.Evidence before sentencing

    3. 77.Evidence on behalf of the accused

    4. 78.Postponement of deliberation on sentence

    5. 79.Deliberation on sentence

    6. 80.Announcement of sentence

    7. 81.Conclusion of the trial

  8. PART VII REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

    1. 82.The petition

    2. 83.Reasons

  9. PART VIII MISCELLANEOUS

    1. 84.Application of the rules to civilians

    2. 85.Periodic review of arrest

    3. 86.Bankers' Books Evidence Act 1879

    4. 87.Custody of the record

    5. 88.Imprisonment in default; manner of payment of fine

    6. 89.Circumstances not provided for

    7. 90.Revocations and savings

  10. Signature

    1. SCHEDULE 1

      CHARGES AND JOINDER

      1. PART I RULES

        1. 1.(1) A charge sheet shall be in the form specified...

        2. 2.(1) Subject only to the provisions of paragraph 3 of...

        3. 3.Where the specific offence with which an accused person is...

        4. 4.Where an offence created by or under an enactment states...

        5. 5.It shall be sufficient in a charge sheet to describe...

        6. 6.(1) Subject to sub-paragraphs (2) and (3) below, charges for...

        7. 7.Where the offence charged is one which can be committed...

        8. 8.Where the offence charged is one which may render the...

      2. PART II

    2. SCHEDULE 2

      FORMS

    3. SCHEDULE 3

      OATHS AND AFFIRMATIONS

      1. PART I MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

        1. 1.An oath may be administered by the person swearing the...

        2. 2.A Scottish oath may be administered by the person swearing...

        3. 3.An oath may be administered in such manner as the...

        4. 4.A person under 18 making a promise or a person...

      2. PART II FORMS OF OATH

        1. President and members other than the judge advocate

          1. 5.I swear by Almighty God that I will well and...

        2. Persons under instruction

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

        3. Interpreter

          1. 7.I swear by Almighty God that I will well and...

        4. Witness

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

        5. Form for a person under 18

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

      3. PART III FORM OF SCOTTISH OATHS

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

      4. PART IV FORM OF SOLEMN AFFIRMATIONS

        1. 11.The form of affirmation shall in each case be the...

    4. SCHEDULE 4

      HEARING FOR DIRECTIONS

      1. 1.the issues in the case;

      2. 2.issues, if any, as to the mental or medical condition...

      3. 3.the number of witnesses whose evidence will be placed before...

      4. 4.the defence witnesses in 3 above whose statements have been...

      5. 5.any prosecution witnesses whom the defence require to attend at...

      6. 6.any additional witnesses who may be called by the prosecution...

      7. 7.facts which are to be admitted and which can be...

      8. 8.any exhibits and schedules which are to be admitted;

      9. 9.the order and pagination of the papers to be used...

      10. 10.any alibi which should already have been disclosed in accordance...

      11. 11.any point of law which it is anticipated will arise...

      12. 12.any question as to the admissibility of evidence which appears...

      13. 13.any application to be made for evidence to be given...

      14. 14.any application to submit pre-recorded video interviews with a child...

      15. 15.any application for screens, for use by witnesses seeking a...

      16. 16.whether any video, tape recorder or other technical equipment will...

      17. 17.where a tape recorded interview has taken place, of any...

      18. 18.any other significant matter which might affect the proper and...

      19. 19.the estimated length of the trial, to be agreed more...

      20. 20.witness availability and the approximate length of witness evidence;

      21. 21.availability of advocate;

      22. 22.whether there is a need for any further directions.

    5. SCHEDULE 5

      GUIDANCE FOR PETITIONERS

      1. 1.The petition should be settled with sufficient particularity to enable...

      2. 2.The petition should not contain grounds of appeal unless it...

      3. 3.The petition should not contain any factual inaccuracy.

      4. 4.Any allegation of fact in the petition should be based...

      5. 5.The petition should not contain a suggestion that a person...

      6. 6.Any proposition of law should be supported by references to...

    6. SCHEDULE 6

      CIVILIANS

      1. PART I MODIFICATIONS FOR CIVILIANS

      2. PART II ADDITIONAL RULES FOR CIVILIANS

        1. 1.Prosecution of civilians

        2. 2.Accused’s parent or guardian

      3. PART III APPEALS FROM STANDING CIVILIAN COURTS

        1. 3.Forwarding an appeal to the prosecuting authority

        2. 4.Charge sheet on appeal

        3. 5.Appeal against sentence alone

        4. 6.Sentencing on appeal

        5. 7.Appeal by parent or guardian of an accused

        6. 8.Abandonment of appeal

    7. SCHEDULE 7

      REVOCATIONS

  11. Explanatory Note

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