The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

Interpretation

2.—(1) In these Rules—

“the Act” means the Armed Forces Act 2006;

“activation order” means an order under section 193 of the Act;

“charge sheet” has the same meaning as in regulations made under section 128 of the Act;

“disciplinary record” means all formal disciplinary records of the accused maintained and held by any of Her Majesty’s forces;

“subordinate commander” means an officer under the command of the commanding officer who is of at least the rank of naval lieutenant, military or marine captain or flight lieutenant.

(2) References in these rules to an accused’s assisting officer are to be construed in accordance with rule 10.

(3) References in these Rules to a person’s rank or rate are—

(a) where he holds no acting rank or rate, to his substantive rank or rate;

(b) where he holds an acting rank or rate, to that rank or rate.

(4) References in these Rules to a charge brought against a person include a charge that has been substituted for another charge.

(5) References in these Rules to proven offences are to—

(a) offences in respect of which a charge has been brought, where—

(i) the charge has been found by an officer or the Summary Appeal Court to be proved, and

(ii) that finding has not been quashed;

(b) service offences of which a person is convicted; and

(c) offences in the British Islands of which a person is convicted.