The Courts-Martial (Royal Air Force) Rules 2007

Judge advocate sitting alone

61.—(1) Where—

(a) any question arises as to the admissibility of evidence;

(b) an application is made for evidence to be given by a witness through a live television link under rule 67;

(c) the accused makes a submission of no case to answer under rule 69;

(d) a witness is under examination and a question arises as to the admissibility of a question; or

(e) for any reason the judge advocate is of the opinion that he should rule on any other question of law, practice or procedure in the absence of the other members of the court,

the judge advocate may direct the other members of the court to withdraw.

(2) The jurisdiction of the court to make an order—

(a) as to the payment of costs incurred by a party to the proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings; or

(b) disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001(1) to meet the whole or any part of any wasted costs as there defined,

may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.

(3) If, while the judge advocate is sitting alone in accordance with these Rules, a person commits an offence under section 57 or 101 of the Act, the judge advocate may report the occurrence to—

(a) the president of the board; or

(b) if the offence is committed during a preliminary hearing and the person is subject to air force law, the commanding officer of that person.

(1)

2001 c. 19.