The Air Force Custody Rules 2000

Rules 3 and 4

SCHEDULE 1 PROPER ADDRESS

1.  Subject to the following provisions of this Schedule, a reference to a person’s proper address is to the address of the unit to which he belongs.

2.  Where a person is on attachment to a unit, a reference to his proper address is to the address of the unit to which he is attached.

3.  Where a person is being kept in custody at the Military Corrective Training Centre, a reference to his proper address is to the address of that establishment.

4.  Where the person to whom the proceedings relate—

(a) is not subject to air force law, or

(b) is subject to air force law only by virtue of section 131 of the Act,

a reference to his proper address is to his usual or last known place of residence.

Rules 17 and 29

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—Record of Order authorising extension of air-force custody without charge under section 75C of the Act.

• Form 2—Notification of refusal of application under section 75C of the Act.

• Form 3—Record of Order authorising keeping a person in air-force custody after charge under section 75F(2) of the Act following—

  (a)

  a hearing under section 75F(1) of the Act; or

  (b)

  a hearing of a review under section 75G(1) of the Act.

• Form 4—Record of Order authorising keeping a person in air-force custody after charge under section 75F(2) of the Act following a review without a hearing under section 75G(1) of the Act.

• Form 5—:Notification of decision not to authorise the keeping of the accused in air-force custody following—

  (a)

  a hearing under section 75F(1) of the Act;

  (b)

  a hearing of a review under section 75G(1) of the Act; or

  (c)

  a review without a hearing under section 75G(1) of the Act.

Form 1 Record of Order authorising extension of air-force custody without charge under section 75C of the Air Force Act 1955

Form 2 Notification of refusal of application under section 75C of the Air Force Act 1955

Form 3 Record of Order authorising keeping a person in air-force custody after charge under section 75F(2) of the Air Force Act 1955 following

Form 4 Record of Order authorising keeping a person in air-force custody after charge under section 75F(2) of the Air Force Act 1955 following a review without a hearing under section 75G(1) of the Act.

Form 5 Notification of decision not to authorise the keeping of the accused in air-force custody following

Rule 21

SCHEDULE 3 WITNESS SUMMONS

1.—(1) This paragraph applies where the judicial officer is satisfied that—

(a) a person is likely to be able to give evidence likely to be material evidence, or produce any document or thing likely to be material evidence; and

(b) the person will not voluntarily attend as a witness or will not voluntarily produce the document or thing.

(2) In such a case the judicial officer shall, subject to the following provisions of this paragraph, direct the relevant court administration officer to issue a summons (a witness summons) directed to the person concerned and requiring him to—

(a) attend a hearing at the time and place stated in the summons, and

(b) give evidence or produce the document or thing.

(3) A witness summons issued under this paragraph shall be in the form specified in the Appendix to this Schedule.

(4) A witness summons may only be issued under this paragraph on an application made in accordance with paragraph 3; and the judicial officer may refuse to direct that a witness summons be issued if any requirement relating to the application is not fulfilled.

(5) An application for a witness summons may be made by either the commanding officer or the person to whom the proceedings relate.

2.  A witness summons which is issued under paragraph 1 and which requires a person to produce a document or thing as mentioned in paragraph 1(2) may also require him to produce the document or thing—

(a) at a place stated in the summons, and

(b) at a time which is so stated and precedes that stated under paragraph 1(2),

for inspection by the person applying for the summons.

3.—(1) Subject to sub-paragraph (2), an application for a witness summons shall be made in writing to the court administration officer and shall—

(a) contain a brief description of the stipulated evidence, document or thing;

(b) set out the reasons why the applicant considers that the stipulated evidence, document or thing is likely to be material;

(c) specify the grounds for believing that the directed person is likely to be able to give the stipulated evidence or to produce the stipulated document or thing;

(d) set out the reasons why the applicant considers that the directed person will not voluntarily attend as a witness or produce the stipulated document or thing;

(e) if the witness summons is proposed to require the directed person to produce a document or thing, state whether the applicant seeks a requirement also to be imposed under paragraph 2 and, if such a requirement is sought, specify the place and time at which the applicant wishes the document or thing to be produced.

(2) In the case of an application for a witness summons which is made during the hearing, such application shall be made orally to the judicial officer, who shall determine the application and give such directions as appear to be appropriate.

(3) In this Schedule—

(a) references to any stipulated evidence, document or thing are to any evidence, document or thing whose giving or production is proposed to be required by the witness summons; and

(b) references to the directed person are to the person to whom the witness summons is proposed to be directed.

4.—(1) If—

(a) a document or thing is produced in pursuance of a requirement imposed by a witness summons under paragraph 2,

(b) the person applying for the summons concludes that a requirement imposed by the summons under paragraph 1(2) is no longer needed, and

(c) he makes an application to the judicial officer in accordance with paragraph 5 that the summons shall be of no further effect,

the judicial officer may direct accordingly.

(2) If a direction is given under this paragraph the relevant court administration officer shall notify the person to whom the witness summons is directed as to the effect of the direction.

5.—(1) An application for a direction under paragraph 4 that a witness summons shall be of no further effect shall be made in writing to the court administration officer as soon as reasonably practicable after the document or thing has been produced for inspection in pursuance of a requirement imposed by the witness summons under paragraph 2.

(2) The application shall state that the applicant concludes that the requirement imposed by the witness summons under paragraph 1(2) is no longer needed.

6.—(1) A person to whom a witness summons issued under paragraph 1 is directed may apply to the judicial officer for a direction that the summons shall be of no effect.

(2) The judicial officer may make such a direction if he is satisfied that the person concerned cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence or that for any other reason the witness summons should be of no effect.

(3) The judicial officer may refuse to make a direction if any requirement relating to the making of an application for a direction under this paragraph is not fulfilled.

7.—(1) Subject to sub-paragraph (5), an application for a direction under paragraph 6 shall be made in writing to the court administration officer and shall set out—

(a) the reasons why the applicant considers that he cannot give any evidence likely to be material evidence or, as the case may be, produce any document or thing likely to be material evidence; or

(b) where there are any other reasons why the applicant considers that the witness summons should be of no effect, those reasons.

(2) On receiving the application, the relevant court administration officer shall serve notice of the application on the person on whose application the witness summons was issued.

(3) The judicial officer shall not grant or, as the case may be, refuse the application unless the applicant and the person on whose application the witness summons has been issued have been given an opportunity to make representations to him.

(4) In a case where the witness summons to which the application relates imposed a requirement to produce any document or thing, then if—

(a) the applicant can produce that document or thing, but

(b) he seeks to satisfy the judicial officer that the document or thing is not likely to be material evidence or that for some other reason it should not be produced,

the applicant must, unless the judicial officer directs otherwise, arrange for the document or thing to be available at the hearing.

(5) In the case of an application which is made during the hearing, such application shall be made orally to the judicial officer who shall determine the application and give such directions as appear to be appropriate.

(6) Where the application is made otherwise than at the hearing, the relevant court administration officer shall notify the applicant and the person on whose application the witness summons was issued of the decision of the judicial officer in relation to the application.

Appendix to Schedule 3—Form of Witness Summons

Rule 27

SCHEDULE 4 OATHS AND AFFIRMATIONS

Part I Manner of administering Oaths and Affirmations

1.  The person taking the oath shall hold the New Testament, or if a Jew the Old Testament, in his uplifted hand and shall say, or repeat, after the person administering it, the oath provided in this Schedule for that category of person.

2.  If any person to whom an oath is administered desires to swear in the form and manner in which an oath is usually administered in Scotland, he may do so with uplifted hand and saying or repeating after the person administering it the Scottish oath provided in Part III of this Schedule.

3.  If none of the forms of oath provided in this Schedule is appropriate to the religious beliefs of the person taking the oath, an oath may be administered in such form and manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs.

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

Part II Forms of Oath

Witness aged 18 years of over

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

Witness under the age of 18 years

6.  I promise before Almighty God that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.

Interpreter

7.  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.

Part III Forms of Scottish Oaths

8.  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 Judgment”.

Part IV Form of Solemn Affirmation

9.  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” or, as the case may be, “I promise before Almighty God” there shall be substituted the words “I (state name) solemnly, sincerely and truly declare and affirm”.