The Armed Forces (Court Martial) Rules 2009

Further process to secure attendance of witness

68.—(1) If the judge advocate is satisfied by evidence on oath that—

(a) a person is likely to be able to give material evidence or produce any document or other thing likely to be material evidence in the proceedings,

(b) that it is in the interests of justice that the person should attend to give evidence or to produce the document or thing, and

(c) it is probable that a witness summons issued under rule 63 or 65 would not procure his attendance,

the judge advocate may, instead of issuing a witness summons, issue a warrant to arrest that person and bring him before the court.

(2) Where—

(a) any person has failed to attend before the court in answer to a witness summons issued under rule 63 or 65,

(b) the judge advocate is satisfied by evidence on oath that—

(i) the person is likely to be able to give evidence likely to be material evidence or produce any document or other thing likely to be material evidence in the proceedings, and

(ii) the person has been duly served with the witness summons and that a reasonable sum has been paid or tendered to him for costs and expenses, and

(c) it appears to the judge advocate that there is no just excuse for the person’s failure to attend,

the judge advocate may issue a warrant to arrest the person and bring him before the court.

(3) Subject to paragraph (4), a warrant issued under this rule shall be addressed to—

(a) one or more service policemen; or

(b) one or more officers of a civilian police force.

(4) A warrant issued under this rule may not be addressed to a service policeman unless it appears to the judge advocate that the person for whose arrest it is issued is subject to service law or is a civilian subject to service discipline.

(5) Where a person has been arrested by an officer of a civilian police force under a warrant issued under this rule, he must be transferred to service custody as soon as is practicable.

(6) Where a person has been arrested under a warrant issued under this rule and is in service custody—

(a) he must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody until he can be brought before the court; and

(b) if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released.