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The Standing Civilian Courts Order 1997

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  1. Introductory Text

  2. PART I Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Delegation of the court administration officer’s functions

    4. 4.Service

  3. PART II Prosecution of Offences

    1. 5.Referring a case to the prosecuting authority

    2. 6.Conduct of the prosecution

    3. 7.Charge sheet

    4. 8.Charges and joinder

    5. 9.Notifying the court administration officer

    6. 10.Summoning the accused

    7. 11.Informing a parent or guardian of the accused

    8. 12.Notifying the magistrate and commanding officer

    9. 13.Changes to the charge sheet before trial

    10. 14.Change in date, time or place of trial

    11. 15.Objection before trial to member or assessor

    12. 16.Election of trial by court-martial

    13. 17.Election where more than one accused

    14. 18.Steps to be taken where accused elects

    15. 19.Withdrawal of election

  4. PART III General matters

    1. 20.Conduct of the defence

    2. 21.Representation of the accused

    3. 22.Appointment of court officials

    4. 23.Additional evidence before trial

    5. 24.Witnesses not called by the prosecutor

    6. 25.Witnesses for the accused

    7. 26.Witness summons

    8. 27.The magistrate

    9. 28.Functions of assessors

    10. 29.Swearing in of magistrates, members and assessors on appointment

    11. 30.Form of oath

    12. 31.Bankers’ Books Evidence Act 1879

  5. PART IV Procedure at the hearing

    1. 32.Opening of proceedings

    2. 33.Accused not appearing

    3. 34.Explaining function of members and assessors

    4. 35.Arraignment of accused

    5. 36.Ascertainment of accused’s age

    6. 37.Opportunity to elect trial by court-martial

    7. 38.Objections in court

    8. 39.Applications before pleading

    9. 40.Severance

    10. 41.Plea to the charge

    11. 42.Guilty plea

    12. 43.Alternative charges

    13. 44.Changes to the charge sheet during trial

    14. 45.Changes to the charge sheet by the court

    15. 46.Procedure after guilty plea

    16. 47.Pleas of guilty and not guilty on one charge sheet

    17. 48.Dispute on facts after finding of guilty

    18. 49.Change of plea

    19. 50.Procedure after not guilty plea

    20. 51.Adjournment and sittings

    21. 52.View by the court

    22. 53.Conclusion of trial in interests of justice

    23. 54.Member or assessor not to sit after absence

    24. 55.Adjournment of case where court ceases to be properly constituted

    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.Deliberation on finding

    39. 70.Special finding

    40. 71.Record of finding

    41. 72.Offences taken into consideration

  6. PART V Sentencing

    1. 73.Pre-sentence report

    2. 74.Evidence before sentencing

    3. 75.Evidence on behalf of the accused

    4. 76.Opportunity for parent to be heard

    5. 77.Deliberation on sentence

    6. 78.Postponement of deliberation on sentence

    7. 79.Deferment of award of sentence

    8. 80.Form of sentence

    9. 81.Announcement of sentence and conclusion of trial

    10. 82.Unfitness to stand trial and insanity

    11. 83.Note of proceedings

  7. PART VI Review and Appeal

    1. 84.Review

    2. 85.Notice of appeal

    3. 86.Modification of the 1955 Act for appeals

  8. PART VII Miscellaneous

    1. 87.Re-trial following adjournment

    2. 88.Forwarding the proceedings

    3. 89.Custody of the proceedings

    4. 90.Loss of the proceedings

    5. 91.Application of certain enactments

    6. 92.Circumstances not provided for

    7. 93.Revocation and savings

  9. Signature

  10. SCHEDULES

    1. Schedule 1

      Charges and joinder

      1. Part I: Rules

      2. Part II: Form

    2. Schedule 2

      Forms

    3. Schedule 3

      Oaths and affirmations

      1. Part I: Manner of administering oaths and affirmations

      2. Part II: Form of oath

      3. Part III: Form of Scottish oaths

      4. Part IV: Form of solemn affirmations

    4. Schedule 4

      Application and modification of enactments

    5. Schedule 5

      Revocations

  11. Explanatory Note

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