The Armed Forces (Court Martial) Rules 2009

[F1 Special provisions relating to sexual offences U.K.

93C.— (1) This rule applies where in proceedings relating to a sexual offence or an offence of human trafficking for sexual exploitation (or to such an offence and other offences) the complainant in respect of that offence is a witness in the proceedings.

(2) This rule does not apply if the offence is a summary offence.

(3) This rule does not apply if the complainant is an eligible witness by reason of rule 90(1) (whether or not the complainant is an eligible witness by reason of any other provision of rule 90 or 91).

(4) If a party to the proceedings makes an application for a special measures direction in relation to the complainant, the party may request that the direction provide for any relevant recording to be admitted under section 27 of the 1999 Act (video recorded evidence in chief).

(5) Paragraph (6) applies if—

(a) a party to the proceedings makes a request under paragraph (4) with respect to the complainant; and

(b) the judge advocate determines for the purposes of rule 93(1) that the complainant is eligible for assistance by virtue of rule 90(2) or 91.

(6) The judge advocate must —

(a) first have regard to paragraphs (7) to (9); and

(b) then have regard to rule 93(1);

and if the judge advocate is required by paragraphs (7) to (9) to give such a direction, any special measure which must be provided for in the direction under paragraph (2) is to be treated for the purposes of rule 93(1)(b), as it then applies to the witness, as one which is likely to improve the quality of evidence given by the witness (whether on its own or in combination with any other special measure).

(7) The judge advocate must give a special measures direction in relation to the complainant that provides for any relevant recording to be admitted under section 27 of the 1999 Act.

(8) The requirement in paragraph (7) has effect subject to rule 95(1).

(9) The requirement in paragraph (7) does not apply to the extent that the judge advocate is satisfied that compliance with it would not be likely to improve the quality of the complainant’s evidence (whether because the application to that evidence or one or more other special measures available in relation to the complainant would have that result or for any other reason).

(10) In this rule—

(a) an “offence of human trafficking for sexual exploitation” is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—

(i) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that includes behaviour within section 3(3) of that Act (meaning of exploitation);

(ii) an offence of attempting or conspiring to commit an offence mentioned in sub-paragraph (i); or

(iii) an offence under Part 2 of the Serious Crime Act 2007 where the offence (or one of the offences) which the offender intended or believed would be committed is an offence mentioned in sub-paragraph (i);

(b) a sexual offence or offence of human trafficking for sexual exploitation is a summary offence if the corresponding offence in respect of that offence for the purposes of section 42 is a summary offence under the law of England and Wales;

(c) a “relevant recording”, in relation to a complainant, is a video recording of an interview of the complainant made with a view to its admission as the evidence in chief of the complainant.]

Textual Amendments

F1 Rules 93A-93C inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 11