The Service Custody and Service of Relevant Sentences Rules 2009

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the Service Custody and Service of Relevant Sentences Rules 2009 and shall come into force on 31st October 2009.

(2) In these Rules—

“the Act” means the Armed Forces Act 2006;

“adjudicator” means a judge advocate selected by the Judge Advocate General for the purpose of hearing disciplinary charges under these Rules;

“Convention rights” has the same meaning as in the Human Rights Act 1998(1);

“commandant” means—

(a)

in relation to MCTC, the officer appointed as commandant, or any officer for the time being acting in his place, or

(b)

in relation to a service custody facility, the commanding officer of the unit providing that facility, or any officer from time to time acting in his place,

and any reference in Part 4 or 5 of these Rules to the commandant is a reference to the commandant of MCTC;

“company commander” means in relation to a detainee in MCTC the officer appointed by the commandant to hear cases regarding breaches of discipline;

“detainee”—

(a)

subject to sub-paragraph (b), means a person who is detained in service custody;

(b)

in Parts 4 and 5 means a person who is detained in MCTC;

“independent monitoring board” means the body appointed under rule 63;

“legal representative” means—

(a)

a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(2);

(b)

an advocate or solicitor in Scotland;

(c)

a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland; or

(d)

a person who has 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 is subject to punishment or disability for a breach of professional rules;

and in this definition the reference to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005(3) comes into force;

“local commander” means an officer not below the rank of commodore, brigadier or air commodore in the commandant’s disciplinary chain of command and superior in that chain of command to the commandant;

“MCTC” means the Military Corrective Training Centre at Colchester;

“mechanical restraint” means handcuffs or other mechanisms for holding a person in restraint;

“medical officer” means a registered medical practitioner who has responsibility for the medical care of detainees at a service custody premises;

“member of staff” means in relation to any service custody premises a person who works at these premises;

“principal personnel officer” means the Second Sea Lord, the Adjutant General or the Air Member for Personnel;

“reviewer” means a judge advocate selected by the Judge Advocate General for the purpose of reviews of disciplinary charges heard by an adjudicator under these Rules;

“service custody” means service custody for the purposes of the Act;

“service custody facility” means any service custody premises other than MCTC;

“service visiting officer” means the officer appointed under rule 66;

“subject to air force law” has the same meaning as in the Air Force Act 1955(4);

“subject to military law” has the same meaning as in the Army Act 1955(5);

“subject to the Naval Discipline Act 1957(6)” has the same meaning as in that Act;

“unit”means—

(a)

a naval ship or establishment;

(b)

any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body; or

(c)

an air force station;

(1)

1998 c. 42.

(2)

1990 c. 41 Subsection (6) of section 71 of the Courts and Legal Services Act 1990 was substituted by the Access to Justice Act (c. 22), section 43, Schedule 6, paragraphs 4 and 9. Subsections (7) and (8) of section 71 of the 1990 Act were repealed by section 106, Schedule 15, Part 2 of the 1990 Act. Prospective amendments to section 71 of the 1990 Act are made to subsections (1) and (3) by the Constitutional Reform Act 2005 (c. 4), section 59(5), Schedule 11, Part 2, paragraph 4(1), (3). Prospective amendments are made to subsections (4) and (6) and a new subsection (6A) is inserted into section 71 of the 1990 Act by the Legal Services Act 2007 (c. 29), section 208(1), Schedule 21, paragraphs 83 and 94(a), (b) and (c).

(3)

2005 c. 4.

(4)

1955 c. 18.

(5)

1955 c. 19.

(6)

1957 c. 53.