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(This note is not part of the Rules)
Section 313(1) of the Armed Forces Act 2006 (“the Act”) allows a judge advocate to issue a warrant for the arrest of a person subject to service law or a civilian subject to service discipline, who is reasonably suspected of having committed a service offence. Section 317(1) of the Act allows a judge advocate to issue a warrant for the arrest of a person subject to service law, who is reasonably believed to be illegally absent and who has previously been released by a civilian policeman or court of summary jurisdiction under condition that he reports to a specified person or place at a specified time, and who has failed to comply with those conditions. A certificate issued under section 319 of the Act is evidence of the conditions imposed.
These Rules are made under section 313(3) and 317(3) of the Act and make provision as to practice and procedure for applying for a warrant and the form of the hearing.
Part 2 makes provision for the service of documents related to an application under these Rules. Part 3 details the information that is required when making an application and allows for an application to be made orally.
Part 4 covers general matters in relation to proceedings under these Rules, and includes provisions allowing for legal representation, live links and the keeping of records of proceedings.
Rule 16 and the Schedule make provision for the swearing and form of oaths or affirmation when giving evidence in support of an application for a warrant.
Part 5 makes provision for the conduct of hearings to determine an application, including the privileges and immunities of witnesses.
Part 6 specifies the form of the warrant and rules 24 and 25 provide for notification of the execution of a warrant to be made to the court administration officer and the relevant person’s commanding officer and for the retention of information relating to the application and execution of the warrant.
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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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