The Armed Forces (Summary Appeal Court) Rules 2009

PART 1 U.K. GENERAL

Interpretation U.K.

1.  In this Schedule—

“AA 1955” means the Army Act 1955 M1 ;

“AFA 1955” means the Air Force Act 1955 M2 ;

“2000 Rules” means the RN Rules, the Army Rules and the RAF Rules (or any of them);

“the Army Rules” means the Summary Appeal Court (Army) Rules 2000 M3 ;

“commencement” means the date on which these Rules come into force;

“NDA 1957” means the Naval Discipline Act 1957 M4 ;

“the RAF Rules” means the Summary Appeal Court (Air Force) Rules 2000 M5 ;

“the RN Rules” means the Summary Appeal Court (Navy) Rules 2000 M6 ;

“the SAC” means the summary appeal court established by section 52FF(1) of NDA 1957 or section 83ZA(1) of AA 1955 or AFA 1955;

“the SDAs” means AA 1955, AFA 1955 and NDA 1957;

“SDA offence” means any of the following—

(a)

any offence under Part 2 of AA 1955 or AFA 1955;

(b)

any offence under Part 1 of NDA 1957;

(c)

an offence under section 47K of that Act.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 S.I. 2000/2371.

M4 1957 c. 53.

M5 S.I. 2000/2372.

M6 S.I. 2000/2370.

Record of Summary Appeal Court proceedings U.K.

2.—(1) Rule 30(5) to (8) shall apply in relation to the record of—

(a) the proceedings of the SAC, and

(b) a preliminary hearing,

with the following modifications.

(2) In paragraph (5)—

(a) the reference to exhibits retained under rule 31 is to be read as a reference to exhibits retained under rule 50(3) of the 2000 Rules; and

(b) the reference to the court administration officer is to be read as a reference to the court administration officer within the meaning of AA 1955, AFA 1955 or NDA 1957 (as the case may be).

(3) Paragraph (5) shall have effect as if for sub-paragraphs (a) to (c) there were substituted “the conclusion of the proceedings of the SAC (or, in relation to the record of a preliminary hearing which was not followed by proceedings of a SAC, the conclusion of the last preliminary hearing in the appeal)”.

(4) In paragraph (7)—

(a) references to proceedings (or part of proceedings) held in camera include a preliminary hearing (or part of such a hearing) where rule 36(1) of the 2000 Rules applies; and

(b) the reference to proceedings in relation to which a direction under rule 45 was given is to be read as a reference to proceedings where the an order under rule 5(1) of the 2000 Rules has been made or a preliminary hearing held under rule 34 of the 2000 Rules.

Persons ineligible for membership in particular circumstances U.K.

3.  In rule 36(2), the reference to any previous proceedings includes proceedings under any of the SDAs and “Court Martial” is to be read as “a court-martial convened under the SDAs”.