The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

Effect of provisions where charges are amended, substituted or added

26.—(1) This rule applies where, after the start of a summary hearing—

(a) a charge is amended under section 123(2)(a) of the Act;

(b) a charge is substituted for another charge under section 123(2)(b) of the Act; or

(c) an additional charge is brought under section 123(2)(c) of the Act.

(2) In relation to the charge amended, substituted or added, these rules have effect with the following modifications.

(3) Where a charge is amended, rule 8 shall apply as if the charge were a fresh charge falling within rule 4(1)

(4) In rules 8 and 9—

(a) references to fixing a time for the hearing are to be read as if they were references to fixing a time for proceeding with the hearing; and

(b) references to the time fixed for a hearing are to be read as references to the time fixed for proceeding with that hearing.

(5) References in rules 12(1) and 12(2) to starting the hearing are to be read as if they were references to proceeding with the hearing;

(6) In rules 12(1)(a)(i) and 12(2)—

(a) references to a charge are to be read as references to a charge amended, substituted or added after the start of the hearing;

(b) references to charges are to be read as references to each charge amended, substituted or added after the start of the hearing.

(7) In rule 17—

(a) the reference to the time fixed for the hearing has effect as if it were a reference to the time fixed for proceeding with the hearing;

(b) the reference to compliance with rule 8(1) means compliance with that rule in relation to all amended, substituted or additional charges.