The Court Martial and Service Civilian Court (Youth Justice and Criminal Evidence Act 1999) Rules 2009 No. 2100

PART 1 General

Interpretation

3.—(1) In these Rules—

“the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999;

“the 2006 Act” means the Armed Forces Act 2006;

“Court Martial Rules” means the Armed Forces (Court Martial) Rules 2009(1);

“SCC Rules” means the Armed Forces (Service Civilian Court) Rules 2009(2);

“defendant”—

(a)

in relation to proceedings before the Court Martial, means a person against whom a charge regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial has been brought;

(b)

in relation to proceedings before the Service Civilian Court, means a person against whom a charge regarded for the purposes of Part 5 of the 2006 Act as allocated for Service Civilian Court trial has been brought;

(c)

in relation to appellate proceedings within the meaning of Court Martial Rules, means the appellant;

“the Director” means the Director of Service Prosecutions;

“the judge advocate”—

(a)

in relation to any proceedings before the Court Martial, means the judge advocate specified for the proceedings under section 155(5) of the 2006 Act;

(b)

in relation to any proceedings before the Service Civilian Court, means the judge advocate specified for the proceedings under section 278(2) of the 2006 Act;

“legal representative”—

(a)

in relation to proceedings before the Court Martial, means a person appointed under rule 39 of the Court Martial Rules;

(b)

in relation to proceedings before the Service Civilian Court, means a person appointed under rule 26 of the SCC Rules.

(2) A reference in these Rules to proceedings—

(a) in relation to proceedings before the Court Martial, has the same meaning as in Part 1 of the Court Martial Rules;

(b) in relation to proceedings before the Service Civilian Court, has the same meaning as in Part 1 of the SCC Rules.

(3) A reference in these Rules to a party to any proceedings—

(a) in relation to proceedings before the Court Martial, has the same meaning as in Part 1 of the Court Martial Rules;

(b) in relation to proceedings before the Service Civilian Court, has the same meaning as in Part 1 of the SCC Rules.

(1)

S.I. 2009/2041.

(2)

S.I. 2009/1209.