The Standing Civilian Courts Order 1997

Article 8

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 disclose 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.  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.

7.  Where the offence charged is one which can be committed in circumstances involving either a higher or a lower degree of punishment, the charge shall state the facts which it is intended to prove as rendering the accused liable to the higher degree of punishment if convicted.

PART II FORM

FOR TRIAL BY STANDING CIVILIAN COURT

Articles 10, 11, 26, 31, 79, 84 and 85

SCHEDULE 2 FORMS

Where any article 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 the accused

• Form 2—Form of summons to a parent or guardian

• Form 3—Form of witness summons

• Form 4—Form of order by magistrate to permit inspection of bankers’ books

• Form 5—Form of certificate for delivery into custody

• Form 6—Form of petition for review

• Form 7—Form of notice of appeal

Form 1 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 12(4); Standing Civilian Courts Order 1997, Article 10)SUMMONS TO THE ACCUSED

Form 2 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 12(4); Standing Civilian Courts Order 1997, Article 11)SUMMONS TO A PARENT OR GUARDIAN

Form 3 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 12(4); Standing Civilian Courts Order 1997, Article 26)SUMMONS TO A WITNESS

Form 4 STANDING CIVILIAN COURTS(Standing Civilian Court Order 1997, Article 31)ORDER TO INSPECT BANKERS BOOKS AND TO TAKE COPIES OF ENTRIES

Form 5 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 12; Standing Civilian Court Order 1997, Article 79)CERTIFICATE IN ACCORDANCE WITH PARAGRAPH 2A(12) OF SCHEDULE 5A TO THE (AIR FORCE ACT) (ARMY ACT) 1955

Form 6 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 19; Standing Civilian Courts Order 1997, Article 84)PETITION FOR REVIEW

Form 7 STANDING CIVILIAN COURTS(Armed Forces Act 1976, Schedule 3, paragraph 18; Standing Civilian Courts Order 1997, Article 85)NOTICE OF APPEAL

Article 30

SCHEDULE 3 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.  An oath may be administered in such manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs where the oath provided in this Schedule for that category of person is modified in accordance with those religious beliefs.

4.  A witness under 17, or over 17 but where no accused is over 17, shall make a promise instead of taking an oath and shall say or repeat after the person administering the promise provided in this Schedule.

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

PART II FORM OF OATHFORM OF OATH ON APPOINTMENT

Magistrate and member of the court

6.  I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law; and that I will well and truly serve Her in the office of [magistrate/member] of the Standing Civilian Court and will do right to all manner of people after the laws and usages of her realm, without fear or favour, affection or ill-will.

Assessor

7.  I do swear that, when called upon to do so, I will to the best of my ability carry out the duties of assessor in the Standing Civilian Court, in accordance with law and without fear or favour, affection or ill-will; and that I will not on any account, at any time, disclose the opinion on any matter expressed by any magistrate or assessor during any proceedings in such Court unless required to do so in due course of law.

FORM OF OATH IN COURT

Interpreter

8.  I swear by Almighty God that I will well and faithfully interpret and make true explanation of all such matters and things as shall be required of me according to the best of my skill and understanding.

Witness

9.  I swear by Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

FORM OF PROMISE

10.  I 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

11.  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

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

Article 91

SCHEDULE 4 APPLICATION AND MODIFICATION OF ENACTMENTS

Column 1	Column 2
Provision applied	Modifications
In the 1955 Act—
(functions of the prosecuting authority)
section 83B(8) to (14)	for the words “rules under section 103 of this Act” wherever they occur there shall be substituted the words “any order made under paragraph 12 of Schedule 3 to the Armed Forces Act 1976”
	for the words “commencement of trial” wherever they occur there shall be substituted the words “opening of proceedings”
(prosecuting officers)
section 83C
(witnesses to be examined on oath)
section 93(1B)
(power to convict of offence other than that charged)
section 98
(proof by written statement)
section 99A
(affirmations)
section 102	for the words “this Act” there shall be substituted the words “the Standing Civilian Courts Order 1997”
	for the words “prescribed form” there shall be substituted the words “form specified in any order under paragraph 12 of Schedule 3 to the Armed Forces Act 1976”
(trial and punishment of offences under service law notwithstanding offender ceasing to be subject to it)
section 131(1)
as applied by section 209(3)(g)
section 132(3)
(custody of proceedings)
section 141	for the words “prescribed period” there shall be substituted the words “period specified in an order under paragraph 12 of Schedule 3 to the Armed Forces Act 1976” after subsection (5), the insertion of the following subsection— “(5A) In this section, the expression “a person tried by court-martial” shall include, where the person tried was under 17 years of age, any parent or guardian of his.”
(interpretation)
section 143
(arrest of persons unlawfully at large)
section 190B	after the word “detention” there shall be inserted the words “or having been sentenced by a Standing Civilian Court to imprisonment, to a custodial order under Schedule 5A to this Act or to be detained under section 71A(4) of this Act”
(general provisions as to evidence)
section 198
(proof of outcome of civil trial)
section 199
(as applied by section 209(4B))
(evidence of proceedings)
section 200	for the words “president of the court” there shall be substituted the word “magistrate”
(exclusion of enactments requiring the fiat of the Attorney-General)
section 204A
In the Criminal Justice Act 1967—
sections 9 and 10
(as applied and modified by the Criminal Justice Act 1967 (Application to Courts-Martial) (Evidence) Regulations 1997(1))

Article 93

SCHEDULE 5 REVOCATIONS

Orders revoked	Reference
The Standing Civilian Courts Order 1977	1977/88
The Standing Civilian Courts (Amendment) Order 1982	1982/367
The Standing Civilian Courts Order (Amendment) Order 1983	1983/716
The Standing Civilian Courts Order (Amendment) Order 1984	1984/1671
The Standing Civilian Courts (Amendment) Order 1987	1987/2001
The Standing Civilian Courts (Amendment No. 2) Order 1987	1987/2173
The Standing Civilian Courts (Amendment) Order 1989	1989/2130

(1)

S.I. 1997/173.