The Courts-Martial (Royal Navy) Rules 1997

Rule 6

SCHEDULE 1 CHARGES AND JOINDER

PART I RULES

1.—(1) A charge sheet shall be in the form specified in Part II of this Schedule or in a form substantially to the like effect.

(2) Where more than one offence is charged in a charge sheet, the statement and particulars of each offence shall be set out in a separate paragraph called a charge, and paragraphs 2 and 3 of this Part shall apply to each charge in the charge sheet as they apply to a charge sheet where one offence is charged.

(3) The charges shall be numbered consecutively.

2.—(1) Subject only to the provisions of paragraph 3 of this Part, every charge sheet shall contain, and shall be sufficient if it contains, a statement of the specific offence with which the accused person is charged describing the offence shortly, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.

(2) A charge sheet for a specific offence shall not be open to objection in respect of its form if it is framed in accordance with this Schedule.

3.  Where the specific offence with which an accused person is charged in a charge sheet is one created by or under an enactment, then (without prejudice to the generality of paragraph 2 of this Part)—

(a) the statement of offence shall contain a reference to—

(i) the section of, or the paragraph of the Schedule to, the Act creating the offence in the case of an offence created by a provision of an Act;

(ii) the provision creating the offence in the case of an offence created by a provision of a subordinate instrument;

(b) the particulars shall disclose the essential elements of the offence:

Provided that an essential element need not be disclosed if the accused person is not prejudiced or embarrassed in his defence by the failure to dislose it;

(c) it shall not be necessary to specify or negative an exception, exemption, proviso, excuse or qualification.

4.  Where an offence created by or under an enactment states the offence to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any one of any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment or subordinate instrument may be stated in the alternative in a charge sheet charging the offence.

5.  It shall be sufficient in a charge sheet to describe a person whose name is not known as a person unknown.

6.—(1) Subject to sub-paragraphs (2) and (3) below, charges for any offences may be joined in the same charge sheet if those charges are founded on the same facts, or form or are a part of a series of offences of the same or a similar character.

(2) An offence under section 16(1)(1) (desertion), section 17(2) (absence without leave) or section 33C(3) (escape from confinement) of the Act may be included in any charge sheet.

(3) An offence under section 31(1) (offences relating to issues and decorations) of the Act may be included in any charge sheet where it arises in connection with a charge under section 16(1) or section 17 of the Act.

PART II FORM

FOR TRIAL BY COURT-MARTIAL

Rules 21, 22, 25, 51, 52 and 76

SCHEDULE 2 FORMS

Where any rule requires the use of a form set out in this Schedule, that requirement shall be satisfied by the use of a form substantially to the like effect as the form set out below.

• Form 1—Form of summons to witness not subject to the Act

• Form 2—Form of summons to witness or witnesses subject to the Act

• Form 3—Form of summons to a bank manager

• Form 4—Form of application for a hearing for directions

• Form 5—Form of application for a pre-trial hearing

• Form 6—Form of notice of application for leave to adduce evidence through television link

• Form 7—Form of notice of application for leave to tender in evidence a video recording

• Form 8—Form of order by commanding officer to permit inspection of bankers’ books

• Form 9—Form of order by judge advocate to permit inspection of bankers’ books

Form 1 FORM OF SUMMONS TO WITNESS NOT SUBJECT TO THE ACT

Form 2 FORM OF SUMMONS TO WITNESS OR WITNESSES SUBJECT TO THE ACT

Form 3 FORM OF SUMMONS TO A BANK MANAGER

Form 4 FORM OF APPLICATION FOR A HEARING FOR DIRECTIONS

Form 5 FORM OF APPLICATION FOR A PRE-TRIAL HEARING

Form 6 FORM OF NOTICE OF APPLICATION FOR LEAVE TO ADDUCE EVIDENCE THROUGH TELEVISION LINKmade under s. 32 of the Criminal Justice Act 1988

Form 7 FORM OF NOTICE OF APPLICATION FOR LEAVE TO TENDER IN EVIDENCE A VIDEO RECORDINGmade under s. 32A of the Criminal Justice Act 1988

Form 8 FORM OF ORDER BY COMMANDING OFFICER TO PERMIT INSPECTION OF BANKERS’ BOOKS

Form 9 FORM OF ORDER BY JUDGE ADVOCATE TO PERMIT INSPECTION OF BANKERS’ BOOKS

Rule 22

SCHEDULE 3 HEARING FOR DIRECTIONS

The matters which may be addressed at a hearing for directions shall include—

(a) the issues in the case;

(b) any indication of likely pleas;

(c) issues, if any, as to the mental or medical condition of any defendant or witness;

(d) the number of witnesses whose evidence will be placed before the court either orally or in writing;

(e) the defence witnesses in (d) above whose statements have been served and whose evidence the prosecution will agree and accept in writing;

(f) any prosecution witnesses whom the defence require to attend at the trial;

(g) any additional witnesses who may be called by the prosecution and the evidence that they are expected to give;

(h) facts which are to be admitted and which can be reduced into writing in accordance with section 10(2)(b) Criminal Justice Act 1967(4), within such time as may be directed at the hearing, and of any witness whose attendance will not be required at the trial;

(i) any exhibits and schedules which are to be admitted;

(j) the order and pagination of the papers to be used by the prosecution at the trial and the order in which the prosecution witnesses are likely to be called;

(k) any alibi which should already have been disclosed in accordance with section 11 Criminal Justice Act 1967;

(l) any point of law which it is anticipated will arise at trial;

(m) any question as to the admissibility of evidence which appears on the face of the papers, and any authority on which the party intends to rely;

(n) any application to be made for evidence to be given through live television links;

(o) any applications to submit pre-recorded interviews with a child witness as evidence in chief;

(p) any applications for screens, for use by witnesses seeking a visual break between themselves and any relevant parties;

(q) whether any video, tape recorder or other technical equipment will be required during a trial;

(r) where a tape recorded interview has taken place, of any dispute or agreement as to the accuracy of any transcript or summary;

(s) any other significant matter which might affect the proper and convenient trial of the case, and whether any additional work needs to be done by the parties;

(t) the estimated length of the trial, to be agreed more precisely taking account of any views expressed by the judge advocate and the other parties;

(u) witness availability and the approximate length of witness evidence;

(v) availability of advocate;

(w) whether there is a need for any further directions.

Rule 32

SCHEDULE 4 OATHS AND AFFIRMATIONS

PART I MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

1.  An oath may be administered by the person swearing the oath holding the New Testament, or if a Jew the Old Testament, in his uplifted hand and saying, or repeating after the person administering it, the oath provided in this Schedule for that category of person.

2.  A Scottish oath may be administered by the person swearing the oath with uplifted hand and saying, or repeating after the person administering it, the Scottish oath provided in this Schedule for that category of person.

3.  A young person making a promise or a person making a solemn affirmation instead of taking an oath shall say or repeat after the person administering the promise or affirmation provided in this Schedule for that category of person.

PART II FORMS OF OATH

President and members other than the judge advocate

4.  I [full name] swear by Almighty God that I will duly administer justice according to law and without partiality, favour or affection; and I do further swear that I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of this court-martial, unless thereunto required in due course of law.

Judge advocate

5.  I [full name] swear by Almighty God that I will to the best of my ability carry out the duties of judge advocate according to law and without partiality, favour or affection; and I do further swear that I will not on any account at any time whatsoever disclose the vote or opinion of the president or any member of this court-martial, unless thereunto required in due course of law.

Clerk of the court and person under instruction

6.  I [full name] swear by Almighty God that I will not on any account, at any time whatsoever, disclose the vote or opinion of the president or any member of this court-martial unless thereunto required in due course of law.

Interpreter

7.  I [full name] swear by Almighty God that I will to the best of my ability truly interpret and translate, as I shall be required to do, touching the matter before this court-martial.

Witness

8.  I [full name] swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

Form for a young person

9.  I [full name] promise before Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

PART III FORM OF SCOTTISH OATHS

10.  The form of Scottish oath shall in each case be the same as the form of oath set out above except that for the words “I swear by Almighty God” there shall be substituted the words “I swear by Almighty God and as I shall answer to God at the Great Day of Judgement”.

PART IV FORM OF SOLEMN AFFIRMATIONS

11.  The form of affirmation shall in each case be the same as the form of oath set out above except that for the words “I swear by Almighty God” there shall be substituted the words “I solemnly, sincerely, and truly declare and affirm”.

(1)

Section 16(1) was amended by S.I. 1964/488, article 2(1) and Schedule 1 and by the Armed Forces Act 1971 (c. 33), sections 77(1) and 78(4) and Schedule 4.

(2)

Section 17 was amended by S.I. 1964/488, article 2(1) and Schedule 1 and by the Armed Forces Act 1971, sections 12(3) and 77(1) and Schedule 4.

(3)

Section 33C was inserted by the Armed Forces Act 1971, section 22.

(4)

Sections 9, 10 and 11 of the Criminal Justice Act 1967 are applied to proceedings before courts-martial subject to the modifications prescribed by the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997 (S.I. 1997/173).