The Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997

PART I PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Courts-Martial and Standing Civilian Courts (Army and Royal Air Force) (Additional Powers on Trial of Civilians) Regulations 1997 and shall come into force on 1st April 1997.

Interpretation

2.  In these Regulations—

“the 1976 Act” means the Armed Forces Act 1976(1);

“the 1955 Act” means—

(a)

where the accused is being prosecuted under the Army Act 1955, that Act; and

(b)

where the accused is being prosecuted under the Air Force Act 1955, that Act;

“commanding officer”, in relation to an accused, means the officer determined by or under regulations of the Defence Council under section 209(3)(f) of the 1955 Act;

“court administration officer” and “the court administration officer” have the meanings assigned to them—

(a)

where the offender has been tried by court-martial, by section 84A of the 1955 Act(2); and

(b)

where the offender has been tried by Standing Civilian Court, by paragraph 1(1) of Schedule 3 to the 1976 Act (3); and

“duly qualified medical practitioner” means a medical practitioner—

(a)

approved for the purposes of section 12 of the Mental Health Act 1983(4);

(b)

approved for the purposes of section 20 or 39 of the Mental Health (Scotland) Act 1984(5); or

(c)

appointed for the purposes of Part II of the Mental Health (Northern Ireland) Order 1986(6) by the Mental Health Commission for Northern Ireland.

Manner in which documents may be served

3.  Where under these Regulations any document is to be served on any person, it may be served—

(a) by personal delivery; or

(b) by post in a letter addressed to that person at his last known or usual place of work or abode.

PART II COMMUNITY SUPERVISION ORDERS

Nomination of supervisors

4.—(1) An officer appointed by the Defence Council for the purposes of this regulation shall draw up and maintain a list of persons, which may include a specified class of persons, who are in his opinion fit to be specified as supervisors under paragraph 4 of Schedule 5A to the 1955 Act(7) by reason of their experience, occupation, training or other qualification.

(2) The list drawn up under paragraph (1) above may be maintained in different sections for different purposes or for different areas.

Specifying a supervisor

5.—(1) Where the court has found an accused guilty, the prosecutor shall, if the court so requests, supply it with a copy of the list maintained under regulation 4 above or a relevant section of it.

(2) The court shall specify in any community supervision order a named person from the list to act as supervisor in relation to that order.

(3) Where the list maintained under regulation 4 above includes a specified class of persons, the court may specify any person who falls within that class to act as supervisor.

(4) The court shall not specify a person to act as a supervisor unless it is satisfied that the person consents so to act.

General duty of a supervisor

6.  It shall be the general duty of a supervisor to advise an offender under his supervision and to assist in his rehabilitation.

Prescribed requirements

7.  Subject to regulation 8 below, the requirements with which the court may direct an offender who is to be subject to a community supervision order to comply, in accordance with paragraph 4(3) of Schedule 5A to the 1955 Act, are—

(a) where an offender is under the age of 17 years at the date on which the order is made, any requirement set out in Part I of Schedule 1 to these Regulations; and

(b) in any other case, any requirement set out in that Schedule.

Limitations on requirements

8.—(1) The court may not include in a community supervision order the requirement set out in paragraph 6 of Schedule 1 to these Regulations unless it is satisfied, on the evidence of a duly qualified medical practitioner, that the mental condition of the offender is such as requires and may be susceptible to treatment.

(2) The court may not include in a community supervision order the requirement set out in paragraph 7 of Schedule 1 to these Regulations unless it is satisfied that—

(a) the offender is dependent on drugs or alcohol;

(b) his dependency caused or contributed to the offence in respect of which the order is being made; and

(c) his dependency is such as requires and may be susceptible to treatment.

(3) The court may not include in a community supervision order both of the requirements set out in paragraphs 8 and 9 of Schedule 1 to these Regulations.

(4) No requirement directed by the court or a supervisor shall operate such as to conflict with any religious belief or observance of the person under supervision, or interfere with the times, if any, at which he normally works or attends an educational establishment.

Calculation of periods specified

9.  For the purpose of calculating any period or number of days in respect of a requirement directed by the court or a supervisor, a direction given in respect of one or more parts of a day shall be treated as given in respect of the whole of that day.

PART III FORMS AND ORDERS

Form of orders

10.  An order made by the court under a power contained in Schedule 5A to the 1955 Act shall be drawn up in the appropriate form set out in Part I of Schedule 2 to these Regulations or in a form substantially to the like effect.

Service of orders

11.  Where the court makes an order specified in column 1 of Part II of Schedule 2 to these Regulations, the court administration officer shall—

(a) where the order requires the payment of a fine or compensation by a parent or guardian, serve the order on the parent or guardian; and

(b) in any case, serve a certified copy of the order on each of the persons specified in relation to that order in column 2 of Part II of Schedule 2 to these Regulations.

Discharge or modification of a community supervision order

12.—(1) Where an officer discharges or modifies a community supervision order or replaces a supervisor, in accordance with paragraph 4(11) of Schedule 5A to the 1955 Act, he shall—

(a) serve notice in writing on the Judge Advocate General (or his deputy) for retention with the record or note of proceedings as the case may be, and

(b) serve a certified copy of his notice on each of the persons specified in relation to a community supervision order in column 2 of Part II of Schedule 2 to these Regulations.

(2) Where an officer replaces a supervisor, he shall specify a named person from the list maintained under regulation 4 above to act as the replacement supervisor.

(3) Where the list maintained under regulation 4 above includes a specified class of persons, the officer may specify any person who falls within that class to act as the replacement supervisor.

(4) The officer shall not specify a person to act as a replacement supervisor unless that person consents in writing.

PART IV MISCELLANEOUS

Revocations and savings

13.—(1) Subject to paragraph (2) below, the Regulations set out in Schedule 3 to these Regulations are hereby revoked.

(2) The Regulations set out in Schedule 3 shall continue to apply in relation to any trial by a court-martial or Standing Civilian Court which commenced before 1st April 1997 until the conclusion of that trial.

Nicholas Soames

Minister of State, Ministry of Defence

5th March 1997