The Armed Forces (Summary Appeal Court) Rules 2009

PART 1 U.K. PRELIMINARY

Citation and commencement U.K.

1.  These Rules may be cited as the Armed Forces (Summary Appeal Court) Rules 2009 and shall come into force on 31st October 2009.

Interpretation: proceedings and parties U.K.

2.—(1) Unless otherwise stated, any reference in these Rules to proceedings includes—

(a) preliminary proceedings,

(b) appeal proceedings,

[F1 (c) variation proceedings,]

but does not include the exercise of any power of the court otherwise than at a hearing.

(2) In these Rules—

“ancillary proceedings” means proceedings under—

(a)

rule 16 for an extension of the initial period or an application for leave to appeal out of time; and

(b)

rule 17 for the consideration of a matter referred to the court by the reviewing authority under section 152(4) or (7);

“appeal proceedings” means proceedings for the hearing of an appeal under section 146;

“preliminary proceedings” means any proceedings of the court held for the purpose of giving directions, orders or rulings for the purpose of appeal or ancillary proceedings;

“related proceedings”, in relation to preliminary proceedings, means—

(a)

appeal proceedings in respect of any charge to which the preliminary proceedings relate; and

(b)

any further preliminary proceedings in relation to such appeal proceedings;

[F2 “variation proceedings” means proceedings under Part 12A.]

(3) References in these Rules to a party to any proceedings are to—

(a) a person to whom the proceedings relate (“the appellant”);

(b) the Director; and

(c) where the proceedings are for the hearing of an application (and the applicant is not a person to whom the proceedings relate), the applicant.

(4) References in these Rules to a person to whom proceedings relate are to—

(a) in the case preliminary or appeal proceedings, an appellant;

(b) in the case of a hearing under rule 89 (certification of contempt of court), the person whose offence the court is to consider certifying;

[F3 (c) in the case of variation proceedings, an offender in respect of whom a sentence which falls to be varied has been imposed or confirmed.]

(5) In these Rules—

“the Director” means the Director of Service Prosecutions;

“appellant” means a person who brings an appeal under section 141 or on whose behalf a reviewing authority seeks leave to refer a finding or punishment to the court under section 152.

Textual Amendments

F1 Rule 2(1)(c) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(a)

F2 Words in rule 2(2) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(b)

F3 Rule 2(4)(c) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(c)

Interpretation: general U.K.

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

(2) In these Rules—

“the Act” means the Armed Forces Act 2006;

“the 1967 Act” means the Criminal Justice Act 1967 M1 ;

“the 2003 Act” means the Criminal Justice Act 2003;

“the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M2 ;

“advance information” has the meaning given by rule 42(2);

“bad character” has the meaning given by section 98 of the 2003 Act;

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

[F4 “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;]

“the court” means the Summary Appeal Court;

“DX” means document exchange;

“the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 142(3);

“lay members” means those persons who are members of the court by virtue of section 142(1)(b) or (c);

“legal representative” means a person appointed under rule 41;

“live link” has the meaning given by rule 25(3)(a);

“pre-sentence report” has the meaning given by section 257; and

“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; or

(c)

an air force station.

Textual Amendments

F4 Words in rule 3(2) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 3

Marginal Citations

M1 1967 c. 80.

M2 S.I. 2009/988.