Search Legislation

Advanced Search

The Courts-Martial (Royal Air Force) Rules 2007

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 2ADDITIONAL RULES FOR CIVILIANS

Prosecution of civilians

1.—(1) This rule applies where an accused has elected court-martial trial under article 16 of the Standing Civilian Courts Order 1997(1), or is to be treated under article 17 of that Order as if he had elected court-martial trial.

(2) On receipt of notice of the election, the prosecuting authority shall determine whether the charge is to be tried by general court-martial or district court-martial.

(3) Subject to paragraph (4), an accused shall be treated for the purposes of these Rules as if he had been notified by his commanding officer that he is to be tried by court-martial under rule 13.

(4) The prosecuting authority shall serve on the accused and the court administration officer a charge sheet appropriate for the court-martial trial.

Accused’s parent or guardian

2.—(1) This rule applies where—

(a)an accused is under the age of 18 years, or

(b)the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance.

(2) Where the prosecuting authority or the court administration officer is required to serve any document on the accused under these Rules, he shall as soon as is practicable serve a copy of that document on a parent or guardian of the accused who is a service parent or guardian.

(3) Where the accused has not appointed a legal representative, any parent or guardian of the accused may exercise on behalf of the accused the rights granted to the accused in these Rules and may represent the accused in any proceedings of the court-martial in such matter and to such extent as the judge advocate thinks fit.

(4) The judge advocate shall issue a witness summons in accordance with rule 24 in respect of any parent or guardian on whom a document has been served in accordance with paragraph (2) to attend the court-martial.

(5) Any parent or guardian of the accused may, if present—

(a)give evidence on oath and call witnesses; and

(b)address the court.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources