The Court Martial Appeal Court Rules 2009

Witnesses U.K.

62.—(1) An appellant or any other party to an appeal or application for permission to bring an appeal under any of these Rules or a reference referred to in rule 45(2)(a) or (b), may at any time apply for an order that a witness must attend for examination.

(2) In this rule “appellant” shall be construed in accordance with the meaning of that term as it applies under the relevant Part of these Rules in relation to different appeals, applications or references.

(3) An application for an order under paragraph (1) must be made in writing.

(4) Where the court orders the examination of any witness to be conducted otherwise than before the court itself, such order must specify the person appointed as examiner to take the examination, the place of examination and the witness to be examined.

(5) Subject to the provisions of rules 22 and 23 and to any direction given by a judge of the court, the registrar must furnish to the person appointed to take an examination any document, exhibit or other thing (or copy of it) relating to the appeal that he may require.

(6) After the examination has been concluded, the examiner must return to the registrar any document, exhibit or other thing (or copy) provided to him under paragraph (5), together with any record of evidence taken by him under this rule.

(7) When an examiner has appointed the day and time for the examination he must request the registrar to notify—

(a) the appellant and any other party to the appeal, and

(b) if any person within sub-paragraph (a) is in custody, his custodian,

of the day and time appointed.

(8) The registrar must also serve on every witness to be examined and (if the witness is in custody) on his custodian a notice containing an order that—

(a) the witness is to attend at a time and place so specified in the order; and

(b) the witness is to bring with him such documents or other things so specified.

(9) An examiner shall have power to administer an oath to, or take the affirmation of, any witnesses, and to require any witness to take such oath or make such affirmation.

(10) The evidence of every witness taken before an examiner must, unless otherwise ordered by the court, be taken in private.

(11) The evidence of every witness taken before an examiner must be recorded in such form as may be ordered by the court and must, unless otherwise ordered by the court, contain the information at paragraph (12).

(12) The record of evidence must contain—

(a) the name, address and, where appropriate, the rank or rate and service number of each witness examined;

(b) the names of those other persons present during the examination; and

(c) the capacity in which those other persons were present.

(13) Unless the court otherwise directs, a notice required by this rule to be served on a witness must be served on him personally.