The Armed Forces (Court Martial) (Amendment) Rules 2013

Certification of failure to comply with production order

5.  After rule 151 of the 2009 Rules, insert—

“Certification of failure to comply with production order

151A.— (1) The court’s powers to certify a failure to comply with a production order may be exercised only at a hearing under this rule.

(2) If so directed by a judge advocate, the court administration officer shall—

(a) appoint a time and place for a hearing under this rule; and

(b) notify the relevant person and the Director of the time and place so appointed.

(3)  The relevant person and the Director are entitled to be heard at the hearing.

(4) The relevant person need not attend the hearing, but the court may exercise its powers in the relevant person’s absence.

(5) In this rule—

“production order” means an order under paragraph 5 of Schedule 1 to the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009(1);

the reference to the court’s powers to certify a failure to comply with a production order is to its powers under paragraph 11A(2) of that Schedule; and

“the relevant person” means the person failing to comply.”

(1)

S.I. 2009/2056. Paragraph 11A of Schedule 1 was inserted by article 9(6) of the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012 (S.I. 2012/2919).