The Courts-Martial (Royal Navy) Rules 2007

Rule 88

SCHEDULE 5 CIVILIANS

PART 1 MODIFICATIONS FOR CIVILIANS

Rule	Modification
2	““period of parental recognisance” means the period specified in an order made against a parent or guardian of the accused under paragraph 14(1) of Schedule 5A to the Army Act or of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Act;
	“service parent or guardian” shall be construed in accordance with paragraph 2(2) of Schedule 4A to the Act;”.
7(1)	In sub-paragraph (a), the omission of the words “service number and rank or rate”.
	The omission of sub-paragraph (b).
79(1)	In sub-paragraph (a), the omission of the words “and rank or rate”.
	The omission of sub-paragraphs (b) and (g).
	For sub-paragraph (c) the substitution of—
	“(c) any decorations to which he is entitled;”
	For sub-paragraph (h) the substitution of—
	“(h) details of the employment of the accused.”.

PART 2 ADDITIONAL RULES FOR CIVILIANS

Accused’s parent or guardian

1.—(1) This rule applies where—

(a) an accused is under the age of 18 years, or

(b) the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance.

(2) Where the prosecuting authority or the court administration officer is required to serve any document on the accused under these Rules, he shall as soon as is practicable serve a copy of that document on a parent or guardian of the accused who is a service parent or guardian.

(3) Where the accused has not appointed a legal representative, any parent or guardian of the accused may exercise on behalf of the accused the rights granted to the accused in these Rules may represent the accused in any proceedings of the court-martial in such matter and to such extent as the judge advocate thinks fit.

(4) The judge advocate shall issue a witness summons in accordance with rule 21 in respect of any parent or guardian on whom a document has been served in accordance with sub-paragraph (2) to attend the court-martial.

(5) Any parent or guardian of the accused may, if present—

(a) give evidence on oath and call witnesses; and

(b) address the court.