- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
1. These Rules may be cited as the Courts-Martial (Royal Navy) Rules 2007 and shall come into force on 1st January 2008.
2. (1) In these Rules—
“the Act” means the Naval Discipline Act 1957;
“the 2003 Act” means the Criminal Justice Act 2003;
“the board” means those members of the court-martial other than the judge advocate;
“commanding officer”, in relation to an accused, means the officer who is for the time being in command of the ship, unit or establishment to which the accused belongs;
“commencement of the trial” shall be construed in accordance with rule 57;
“the judge advocate”—
in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial;
in relation to a preliminary hearing, means the judge advocate appointed by or on behalf of the Judge Advocate General to conduct any such proceedings;
“legal representative” means a person appointed to represent an accused at any proceedings before a court-martial, providing he is—
a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(1);
an advocate or a solicitor in Scotland;
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
a person having in any of the Channel Islands, the Isle of Man, a Commonwealth country or British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and subject to punishment or disability for breach of professional rules;
“live television link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial;
“preliminary hearing” shall be construed in accordance with rule 33;
“the president of the board” shall be construed in accordance with rule 52;
“the prosecuting authority” means the prosecuting authority or any prosecuting officer or other person appearing on his behalf;
“prosecution papers” shall be construed in accordance with rule 9; and
“special finding” shall be construed in accordance with rule 74.
3. (1) Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused by the court administration officer or the prosecuting authority, it may be served—
(a)by sending it to the commanding officer of the accused;
(b)by delivering it to the accused personally;
(c)by leaving it for the accused with a person at the accused’s usual place of abode; or
(d)by post in a letter addressed to the accused at his last known or usual place of abode.
(2) Where a document or notice is received by the commanding officer in accordance with paragraph (1)(a), he shall serve it on the accused as soon as is practicable.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: