The Armed Forces (Service Inquiries) Regulations 2008

Regulations 13 and 15

SCHEDULE 2 FURTHER PROVISION ABOUT WITNESS NOTICES

Application for and issue of witness notice

1.—(1) An application under regulation 13(3) for the issue of a witness notice must be made by the president, must identify the proposed witness, and must state—

(a) (i) the matters about which the proposed witness is likely to be able to give or provide evidence, or

(ii) the document or other thing which the proposed witness is likely to be able to produce or provide, and

(b) why the evidence, document or other thing is likely to be material evidence for the purpose of the service inquiry.

(2) The application may be made orally unless the judge advocate otherwise directs.

(3) An application in writing must contain a statement that the president believes that the facts stated in the application are true.

(4) The president must serve the application in every case on the court administration officer and on such other persons as the judge advocate may direct.

(5) The judge advocate may issue a witness notice with or without a hearing.

Application for witness notice to produce a document, etc: judge advocate’s assessment of objection

2.—(1) This paragraph applies where a person served under paragraph 1(4) with an application for a witness notice requiring a person to produce in evidence a document or thing objects to its production on the grounds that—

(a) it is not likely to be material evidence; or

(b) even if it is likely to be material evidence, it is evidence or a document referred to in regulation 13(5).

(2) The judge advocate may require the proposed witness to make the document or thing available for the objection to be assessed.

(3) The judge advocate may invite—

(a) the proposed witness or any representative of the proposed witness; or

(b) a person to whom the document or thing relates or any representative of such a person,

to help the judge advocate assess the objection.

Application to vary or revoke witness notice

3.—(1) An application under regulation 15 (application to vary or revoke witness notice) must be made in writing to the court administration officer and must set out—

(a) why the applicant is unable to comply with the witness notice; or

(b) why the applicant considers that it is not reasonable in all the circumstances to require him to comply with the witness notice.

(2) On receiving the application, the court administration officer shall serve notice of the application on the president.

(3) A judge advocate shall neither grant nor refuse the application unless the applicant and the president have been given an opportunity of making representations, whether at a hearing or (where they agree to do so) in writing without a hearing.

(4) Paragraph 2 shall apply to an application under regulation 15 where the witness notice requires the applicant to produce in evidence a document or thing and the applicant seeks to satisfy the judge advocate that—

(a) it is not likely to be material evidence; or

(b) even if it is likely to be material evidence, it is evidence or a document referred to in regulation 13(5).

(5) The court administration officer shall notify the applicant and the president of the decision of the judge advocate in relation to the application.