The Armed Forces (Service Civilian Court) Rules 2009

Explanatory Note

(This note is not part of the Rules)

The Armed Forces Act 2006 (c. 52) (“the Act”) creates a standing Service Civilian Court. These Rules provide for the practice and procedure to be followed at the Service Civilian Court, administrative matters of the court and also make provision with regard to evidential matters such as special measures directions and hearsay evidence.

Part 2 of these Rules makes provision with regard to the service of documents on different people and sets out when service is deemed to have occurred depending upon the method of service.

Part 3 deals with administrative matters including listing and notification of proceedings (rules 16 and 17), providing that a judge advocate may direct attendance at court by live link (rule 18) and the making and retention of records of proceedings (rule 22). Rule 20 provides that oaths taken at the Servcie Civilian Court are to be the same as those in sections 1 to 3 and 6 of the Oaths Act 1978 (c. 19) as modified by Schedule 1 to these Rules. Rule 24 sets out the circumstances in which a judge advocate must terminate proceedings.

Part 4 sets out who may be a legal representative at court (rule 26) and provides, when a defendant who is a young person has not appointed a legal representative, which rights of the defendant may be exercised by the parent or guardian of that defendant (rule 27).

Part 5 applies section 111 of the Act (power to arrest a defendant during proceedings of the court) to pre-arraignment where a defendant is to be tried by the court. A judge advocate may either direct his arrest or issue a warrant for his arrest under this part.

Part 6 provides for service of advance information and when that information must include notice that a defendant could become subject to an activation order (rule 31).

Part 7 makes provision with regard to preliminary hearings including the power of a judge advocate to make orders or rulings on matters such as the admissibility of evidence, joinder or severance of charges and other questions of law, practice or procedure (rule 36).

Part 8 provides for the joinder or severance of charges and the amendment of charges.

Part 9 provides for the consideration of the court for trial by the Court Martial and for a defendant to exercise his right to trial that court.

Part 10 deals with arraignment of defendants and the ability of defendants to change their pleas.

Part 11 is concerned with the attendance of witnesses at court and provides for matters such as the notification of witnesses (rule 48), summonsing of witnesses (rules 49 to 53) and the powers of a judge advocate to issue warrants for the arrest of witnesses in order to secure their attendance at court (rule 54).

Part 12 deals with evidence and applies provisions that operate in the civilian courts. This part is divided into chapters that in their turn deal with: general evidential matters (chapter 1) (applying provisions of the Criminal Justice Act 1967 (c. 80) to the Service Civilian Court); evidence of bad character (chapter 2) (applying provisions of the Criminal Justice Act 2003 (c. 44) to the Service Civilian Court); hearsay evidence (chapter 3) (applying further provisions of the 2003 Act to the court); evidence of service matters (chapter 4) (which is equivalent to provisions made under section 372 of the Act for civilian courts); expert evidence (chapter 5); and special measures directions (chapter 6) (applying provisions of the Youth Justice and Criminal Evidence Act 1999 (c. 23) to the Service Civilian Court).

Part 13 sets out the procedure to be followed at trial.

Part 14 is concerned with sentencing matters and procedure and includes (at rule 99) that the reasons for a sentence are explained to the offender by the judge advocate.

Part 15 is concerned with ancillary proceedings. Chapter 1 applies when an overseas community order made by the court is in force and the offender has breached the terms of that order. Chapter 2 deals with other ancillary proceedings such as the remission of a fine under section 267 of the Act. It also provides for the procedure to be followed when the court decides to exercise its powers under section 311(2) of the Act and certify a person for contempt of court (rule 108).

Part 16 sets out the power of a judge advocate to order that proceedings are held in camera, including on the bases that otherwise information useful to an enemy may be disclosed or national security endangered (rule 109).

Part 17 makes transitory and transitional provisions. Rule 111 provides that until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) is in force all references in the Rules to the Court of Judicature of Northern Ireland are to be read as references to the Supreme Court of Northern Ireland. Rule 112 introduces Schedule 2 which sets out transitional provisions.