The Armed Forces (Warrants of Arrest for Service Offences) Rules 2009

PART 1 PRELIMINARY

Citation and commencement

1.  These Rules may be cited as the Armed Forces (Warrants of Arrest for Service Offences) Rules 2009 and come into force on 31st October 2009.

Interpretation

2.—(1) In these Rules—

“the Act” means the Armed Forces Act 2006;

“the applicant” means the person who asks a judge advocate to issue a warrant under rule 23;

“an application” means an application for a warrant;

“civilian police force” means a UK police force or a British overseas territories police force;

“the Director” means the Director of Service Prosecutions;

“DX” means document exchange;

“hearing” means a hearing of an application for a warrant;

“the judge advocate” means the judge advocate specified under rule 10;

“live link” means an arrangement by which a person, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the judge advocate during proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded);

“proceedings” means proceedings under these Rules for the determination of an application;

“relevant person” means the person who is to be arrested under the warrant;

“service court” means the Service Civilian Court, the Court Martial or the Court Martial Appeal Court;

“unit” means—

(a)

a naval ship or establishment;

(b)

any body of members of Her Majesty’s forces formed under the command of a person appointed to be the commanding officer of the body;

(c)

an air force station;

“warrant” means a warrant issued under section—

(a)

313(1) for the arrest of a person who is reasonably suspected of having committed a service offence; or

(b)

317(1) for the arrest of a person who, having been released under 315(4)(c) or 316(3)(a)(ii), has failed to comply with the condition subject to which he was released.

(2) Any reference in these Rules to a numbered section is to that section of the Act, unless otherwise stated.