The Armed Forces (Summary Appeal Court) Rules 2009

[F1The overriding objectiveU.K.

This section has no associated Explanatory Memorandum

3A.—(1) The overriding objective of these Rules is that cases be dealt with justly.

(2) Dealing with a case justly includes—

(a)acquitting the innocent and convicting the guilty;

(b)treating all participants with politeness and respect;

(c)dealing with the prosecution and defence fairly;

(d)recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

(e)respecting the interests of witnesses, victims and lay members (if any) and keeping them informed of the progress of the case;

(f)dealing with the case efficiently and expeditiously;

(g)ensuring that appropriate information is available to a judge advocate or the court when either custody before or after charge or sentence are considered; and

(h)dealing with the case in ways that take into account—

(i)the gravity of the offence alleged;

(ii)the complexity of what is in issue;

(iii)the severity of the consequences for the defendant and others affected;

(iv)the needs of other cases; and

(v)the need to maintain the operational effectiveness of Her Majesty’s forces.

(3) In this rule “custody before or after charge” means the keeping of the accused in service custody under Part 4 of the 2006 Act.]

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