The Armed Forces (Service Civilian Court) Rules 2009

• (a) made in any service record in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of naval, military, or air force duty, and

• (b) signed by the commanding officer of the person to whom the record relates or by a person whose duty it was to make or keep the record,

shall be evidence of the matters stated in the record.

• (2) A document purporting to be a copy of such a record (including the signature) as is mentioned in paragraph (1) and purporting to be certified to be a true copy by a person stated in the certificate to have custody of the record shall be evidence of the matters stated in the document.

Defence Council instructions, regulations and certificates

71

• (1) A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or the making of the regulations and their contents.

• (2) A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them and stating—

• (a) that a decoration of a description specified in, or as annexed to, the certificate is or is not a naval, military or air force decoration, or

• (b) that a badge or emblem of a description specified in, or as annexed to, the certificate is or is not one supplied or authorised by the Defence Council,

shall be evidence of the matters stated in the certificate.

Standing or routine orders

72

• (1) A certificate purporting to be signed by a person’s commanding officer or an officer authorised by the commanding officer to give the certificate, and stating the contents of, or of any part of, standing orders, or other routine orders of a continuing nature, of any of Her Majesty’s forces, made for any—

• (a) part of Her Majesty’s forces,

• (b) area or place, or

• (c) ship, train or aircraft,

shall be evidence of the matters stated in the certificate.

CHAPTER 5 — Expert evidence

Expert evidence

73

• (1) Expert evidence shall not be adduced without the leave of the court unless the party proposing to rely on it has served on every other party and the court administration officer, not less than 14 days before the date appointed for the commencement of the proceedings, a statement of the substance of the expert evidence.

• (2) The statement referred to in paragraph (1) must be in writing unless every other party consents to its being made orally.

• (3) Where more than one party wishes to introduce expert evidence, the court may direct the experts to—

• (a) discuss the expert issues in the proceedings; and

• (b) prepare a statement for the court of the matters on which they agree and disagree, giving their reasons.

• (4) Except for the statement prepared under paragraph (3)(b), the content of the discussion under paragraph (3)(a) may not be referred to without the court’s permission.

• (5) Where more than one defendant wishes to introduce expert evidence on an issue, the court may direct that the evidence on that issue is to be given by one expert only.

• (6) Where the defendants cannot agree who should be the expert to give evidence under paragraph (5), the court may—

• (a) select the expert from a list prepared or identified by them; or

• (b) direct that the expert be selected in such other manner as the court shall direct.

• (7) Where the court gives a direction under paragraph (5) for a single joint expert to be used, each of the defendants may give instructions to the expert.

• (8) When a defendant gives instructions to the expert under paragraph (7) he must, at the same time, send a copy of the instructions to every other defendant.

• (9) Where—

• (a) a statement has been prepared for the purposes of proceedings, and

• (b) the person who prepared the statement had, or may reasonably be supposed to have had, personal knowledge of the matters stated,

a statement served under paragraph (1) may be accompanied by a notice, given for the purposes of section 127 of the 2003 Act (expert evidence: preparatory work), that another person will in evidence given in the proceedings (whether orally or under section 9 of the 1967 Act, as applied by rule 60) base an opinion or inference on the statement.

CHAPTER 6 — Special measures directions

Interpretation of Chapter 6

74

• (1) In this Chapter—

• “eligible witness” means a witness eligible for assistance by virtue of rule 75 or 76;

• “intermediary” has the same meaning as in section 29 of the 1999 Act;

• “sexual offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is— an offence under Part 1 of the Sexual Offences Act 2003⁹; an offence of attempting or conspiring to commit such an offence; or an offence under Part 2 of the Serious Crime Act 2007¹⁰ (encouraging and assisting crime) committed in relation to such an offence;

• “special measures direction” means a direction providing for one or more of the special measures available in relation to a witness to apply to evidence given by the witness;

• “the special measures provisions” means the provisions of Chapter 1 of Part 2 of the 1999 Act applied by an order under section 61(1) of that Act.

• (2) In this Chapter—

• (a) references to the quality of a witness’s evidence are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a witness’s ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively); and

• (b) references to the special measures available in relation to a witness are to be construed in accordance with rule 77.

Witnesses eligible for assistance on grounds of age or incapacity

75

• (1) A witness is eligible for assistance by virtue of this rule if the witness is under the age of 18 at the time when it falls to the court to consider whether to give a special measures direction in relation to the witness.

• (2) A witness is also eligible for assistance by virtue of this rule if the court considers that the quality of evidence given by the witness is likely to be diminished because the witness—

• (a) suffers from mental disorder within the meaning of the Mental Health Act 1983¹¹;

• (b) otherwise has a significant impairment of intelligence and social functioning; or

• (c) has a physical disability or is suffering from a physical disorder.

Witnesses eligible for assistance on grounds of fear or distress about testifying

76

• (1) A witness (other than a defendant) is eligible for assistance by virtue of this rule if the court is satisfied that the quality of evidence given by the witness is likely to be diminished by reason of fear or distress on the part of the witness in connection with testifying in the proceedings.

• (2) A witness is also eligible for assistance by virtue of this rule if—

• (a) the proceedings are in respect of a sexual offence;

• (b) the witness is a complainant in respect of that offence; and

• (c) the witness has not informed the court of the witness’s wish not to be so eligible.

Special measures available

77

• (1) Where a witness (other than a defendant) is eligible for assistance by virtue of rule 75, the special measures available in relation to him are those for which provision is made by sections 23, 25 to 27, 29 and 30 of the 1999 Act.

• (2) Where a witness is eligible for assistance by virtue of rule 76, the special measures available in relation to him are those for which provision is made by sections 23 and 25 to 27 of that Act.

• (3) Where a defendant is eligible for assistance by virtue of rule 75, the special measures available in relation to him are those for which provision is made by sections 29 and 30 of that Act.

Special measures direction relating to eligible witness

78

• (1) Subject to the special measures provisions and this Chapter, the court may give a special measures direction in relation to a witness if—

• (a) the witness is an eligible witness; and

• (b) any of the special measures available in relation to the witness (or any combination of them) would, in the court’s opinion, be likely to improve the quality of evidence given by the witness.

• (2) A special measures direction must specify particulars of the provision made by the direction in respect of each special measure which is to apply to the witness’s evidence.

• (3) In determining whether any special measure or measures would be likely to improve the quality of evidence given by the witness, and if so whether to give a direction providing for the measure or measures to apply, the court must consider all the circumstances of the case, including in particular—

• (a) any views expressed by the witness; and

• (b) whether the measure or measures might tend to inhibit such evidence being effectively tested by a party to the proceedings.

• (4) Where there are two or more defendants—

• (a) any reference to the defendant in the special measures provisions may be taken, in connection with the giving of a special measures direction, as a reference to all or any of the defendants, as the court may determine; and

• (b) any such direction may be given on the basis of any such determination.

• (5) A special measures direction may provide for one or more special measures to apply in combination with a direction under rule 18 (live links), and for the purposes of this Chapter a measure would be likely to improve the quality of the witness’s evidence if, were it combined with such a direction, it would be likely to do so.

• (6) The court may give a special measures direction—

• (a) on an application made by a party to the proceedings; or

• (b) of its own motion.

• (7) A judge advocate who gives, or refuses an application for, a special measures direction must state in open court his reasons for doing so.

• (8) Nothing in this Chapter is to be regarded as affecting any power of the court to make an order or give leave of any description—

• (a) in relation to a witness who is not an eligible witness; or

• (b) in relation to an eligible witness, where the order is made or the leave is given otherwise than by reason of the fact that the witness is an eligible witness.

Evidence given in private

79

A special measures direction may not provide for the exclusion of persons under section 25 of the 1999 Act unless—

• (a) the proceedings relate to a sexual offence; or

• (b) it appears to the court that there are reasonable grounds for believing that any person other than a defendant has sought, or will seek, to intimidate the witness in connection with testifying in the proceedings.

Video recorded evidence in chief

80

• (1) A special measures direction may not provide for a video recording, or a part of such a recording, to be admitted under section 27 of the 1999 Act if the court is of the opinion, having regard to all the circumstances of the case, that in the interests of justice the recording, or that part of it, should not be so admitted.

• (2) In considering for the purposes of paragraph (1) whether any part of a recording should not be so admitted, the court must consider whether any prejudice to a defendant which might result from that part being so admitted is outweighed by the desirability of showing the whole, or substantially the whole, of the recorded interview.

• (3) Where a special measures direction provides for a recording to be admitted under section 27 of the 1999 Act, the court may nevertheless subsequently direct that it is not to be so admitted if—

• (a) it appears to the court that—

• (i) the witness will not be available for cross-examination (whether conducted in the ordinary way or in accordance with any such direction), and

• (ii) the parties to the proceedings have not agreed that there is no need for the witness to be so available; or

• (b) rule 83 has not been complied with to the satisfaction of the court.

• (4) Paragraph (3) is without prejudice to rule 84 (power to vary or discharge special measures direction).

• (5) Where a recording is admitted under section 27 of the 1999 Act—

• (a) the witness must be called by the party tendering it in evidence, unless the parties to the proceedings have agreed that there is no need for the witness to be called; and

• (b) the witness may not give evidence in chief otherwise than by means of the recording—

• (i) as to any matter which, in the opinion of the court, has been dealt with adequately in the witness’s recorded testimony; or

• (ii) without the leave of the court, as to any other matter which, in the opinion of the court, is dealt with in that testimony.

• (6) Where a special measures direction provides for part only of a recording to be admitted under section 27 of the 1999 Act, references in paragraphs (3) and (5) to the recording or to the witness’s recorded testimony are references to the part of the recording or testimony which is to be so admitted.

• (7) The court may give leave for the purposes of paragraph (5)(b)(ii) if it appears to him to be in the interests of justice to do so, and may do so either—

• (a) on an application by a party to the proceedings; or

• (b) of his own motion.

Examination of witness through intermediary

81

• (1) Any examination of a witness conducted in pursuance of a provision included in a special measures direction by virtue of section 29(1) of the 1999 Act (examination of witness through intermediary) must take place—

• (a) in the presence of such persons as the direction may provide; and

• (b) in circumstances in which the court, and legal representatives acting in the proceedings, are able to see and hear the examination of the witness and to communicate with the intermediary (and for this purpose any impairment of eyesight or hearing is to be disregarded).

• (2) Where two or more legal representatives are acting for a party to the proceedings, paragraph (1)(b) is to be regarded as satisfied in relation to those representatives if at all material times it is satisfied in relation to at least one of them.

• (3) Before an intermediary begins to act, he shall make a declaration in the following form:

I solemnly, sincerely and truly declare that I will well and faithfully communicate the questions and answers and make true explanation of all matters and things as shall be required of me according to the best of my skill and understanding.

• (4) In this rule “the intermediary” has the same meaning as in section 29 of the 1999 Act.

Application for special measures direction: general

82

• (1) An application for a special measures direction must be made in writing to the court administration officer, unless a judge advocate gives leave for it to be made orally.

• (2) A written application must specify—

• (a) unless the application is made by a defendant and does not relate to evidence in support of an alibi, the name and date of birth of the witness in relation to whom it is made;

• (b) the special measure or measures sought;

• (c) where the application is for a direction including provision by virtue of section 27 of the 1999 Act (video recorded evidence in chief), the information mentioned in rule 83(4);

• (d) the grounds on which the applicant asserts—

• (i) that the witness is an eligible witness; and

• (ii) that the measure or measures will improve the quality of the witness’s evidence;

• (e) the views of the witness as to the matters specified in accordance with sub-paragraph (d);

• (f) where a previous application for a special measures direction has been refused, any material change of circumstances relied upon in support of the application.

• (3) In paragraph (2)(a) “evidence in support of an alibi” has the same meaning as in article 7(5) of the CPIA Order.

• (4) A written application must be made, and a copy served on all other parties to the proceedings—

• (a) where the application is made by the Director, not more than 14 days after the Director serves advance information in respect of the charge to which the proposed evidence relates.

• (b) where the application is made by a defendant, not more than 14 days after the Director complies or purports to comply with article 4 of the CPIA Order.

• (5) Notwithstanding paragraph (4), a judge advocate may at his discretion consider a written application made outside the period of 14 days there mentioned.

• (6) Where a written application has been made, a judge advocate may—

• (a) grant the application without a hearing; or

• (b) direct a hearing.

• (7) But the application may not be granted without a hearing unless—

• (a) at least 14 days have elapsed since the application was served on each other party to the proceedings, and

• (b) no other party has served notice on the court administration officer that he opposes the application.

• (8) Any party to the proceedings—

• (a) may attend a hearing of the application, and be heard;

• (b) may, with leave of the court, adduce evidence (including expert evidence) at the hearing.

Application for special measures direction permitting admission of video recorded evidence in chief

83

• (1) This rule applies where an application is made for a special measures direction including provision by virtue of section 27 of the 1999 Act.

• (2) The application must be accompanied by a copy of the video recording which (or part of which) it is proposed to tender in evidence.

• (3) Where the application is made by the Director, he must at the same time serve on each defendant a copy of that recording.

• (4) The application must include the following information, in so far as not contained in the recording itself—

• (a) the date on which the recording was made;

• (b) the times at which the recording commenced and finished, including details of any interruptions;

• (c) the address of the premises where the recording was made, and the usual function of those premises;

• (d) in relation to each person present at any point during, or immediately before, the recording—

• (i) the name, age and occupation of the person;

• (ii) the time for which he was present; and

• (iii) his relationship (if any) to the witness;

• (e) in relation to the equipment used for the recording—

• (i) a description of the equipment;

• (ii) the number of cameras used;

• (iii) whether the cameras were fixed or mobile;

• (iv) the number and location of the microphones;

• (v) the video format used; and

• (vi) whether it offered single or multiple recording facilities and, if so, which were used; and

• (f) if the recording is a copy—

• (i) the location of the master recording; and

• (ii) details of when and by whom the copy was made.

• (5) Where the applicant is a defendant and the application is granted, the applicant must, at the close of the case for the prosecution, serve on each other party to the proceedings a copy of the video recording which (or part of which) it is proposed to tender in evidence under the direction.

Variation or discharge of special measures direction

84

• (1) A judge advocate may vary or discharge a special measures direction if it appears to him to be in the interests of justice to do so.

• (2) A judge advocate may exercise the power conferred by paragraph (1)—

• (a) on an application made by a party to the proceedings, or

• (b) of the judge advocate’s own motion.

• (3) An application under this rule must be made in writing to the court administration officer, unless—

• (a) a judge advocate gives leave for it to be made orally, or

• (b) paragraph (8) applies.

• (4) A copy of a written application under this rule must be served on each other party to the proceedings

• (5) Where a written application has been made under this rule, a judge advocate may—

• (a) grant the application without a hearing; or

• (b) direct a hearing.

• (6) But the application may not be granted without a hearing unless—

• (a) at least 14 days have elapsed since the application was served on each other party to the proceedings, and

• (b) no other party has served notice on the court administration officer that he opposes the application.

• (7) Rule 82(8) applies in relation to a hearing of the application as it applies in relation to a hearing of an application for a special measures direction.

• (8) Where the direction was made on the application of a defendant and includes provision for the admission of a video recording which had not been served on the Director, the Director may make an oral application without leave.

• (9) A judge advocate who varies or discharges, or refuses an application for the variation or discharge of, a special measures direction must state in open court his reasons for doing so.

• (10) In this rule, references to the variation of a special measures direction include the further variation of a direction previously varied.

PART 13 — TRIAL PROCEDURE

Opening address

85

• (1) Before the Director adduces any evidence in trial proceedings—

• (a) the Director, and

• (b) with leave of the court, any defendant,

may make an opening address.

Examination of witnesses

86

• (1) The court may question any witness.

• (2) If it appears to the court to be in the interests of justice, it may—

• (a) allow the cross-examination or re-examination of a witness to be postponed;

• (b) call any witness whom it has not already heard;

• (c) recall a witness;

• (d) permit any party to recall a witness;

• (e) permit the Director to call a witness after the close of the case for the prosecution; or

• (f) permit a defendant to give evidence after calling another witness.

Presence of witnesses

87

• (1) Except for a defendant and any expert or character witness, a witness as to fact shall not, except by leave of the court, be in court while not under examination.

• (2) If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the court may direct the witness to withdraw until the question is determined.

• (3) The court may direct any expert or character witness present in court to withdraw if it considers his presence undesirable.

• (4) For the purposes of this rule a witness is in court if he is able to see and hear the court through a live link (and for this purpose any impairment of eyesight or hearing is to be disregarded).

Submission of no case to answer

88

• (1) At the close of the case for the prosecution a defendant may submit, in respect of any charge, that the Director has failed to establish a case for him to answer.

• (2) If such a submission is allowed, the court shall find the defendant not guilty of the charge.

The case for the defence

89

• (1) Where a defendant intends to adduce evidence as to fact (other than by giving evidence himself), he may make an opening address before adducing or giving evidence; but this is subject to paragraph (2).

• (2) Where a defendant made an opening address under rule 85, he may not make another address under this rule without the leave of the court.

• (3) Where a defendant gives evidence, he must do so before calling any other witness.

• (4) Paragraph (3) is subject to rule 86(2).

Finding of not guilty before conclusion of the defence

90

• (1) At any time after the close of the case for the prosecution the court may find a defendant not guilty of a charge.

• (2) The court may not make a finding under this rule unless it has invited the Director to address the court as to whether such a finding should be made.

Closing addresses

91

• (1) This rule applies at the close of the case for all defendants.

• (2) If the Director has made an opening address the Director may not make a closing address without leave of the court.

• (3) Each defendant, who has not made an opening address, may then make a closing address; but this is subject to paragraph (5).

• (4) Each defendant who has made an opening address may not make a closing address without leave of the court.

• (5) A legal representative who represents more than one defendant may make only one closing or opening address.

Announcement of findings

92

• (1) The finding of the court on each charge shall be announced in open court; and the judge advocate shall sign a record of the findings.

• (2) Where no finding is recorded on a charge, the court may direct that the charge is to lie on the file, not to be proceeded with without the leave of the court or the Court Martial.

PART 14 — SENTENCING PROCEEDINGS

Application and interpretation of Part 14

93

• (1) This Part applies in relation to any sentencing proceedings.

• (2) In this Part—

• “the offender” means any offender who falls to be sentenced in the proceedings; and

• “the offence” means any offence for which the offender falls to be so sentenced.

Dispute on facts after plea of guilty

94

• (1) Where, after the court has recorded a plea of guilty in respect of any charge, there are disputed facts in the case, the court may direct that any issue of fact be tried by the court.

• (2) The finding of the court shall be announced in open court.

Pre-sentence report and previous convictions

95

• (1) Where the court administration officer has arranged for a pre-sentence report to be prepared in advance of the proceedings, he shall serve a copy on the Director and the offender before the time appointed for the proceedings.

• (2) Where the Director has obtained a record of the offender’s previous convictions in advance of the proceedings, he shall serve a copy on the offender and the court administration officer before the time appointed for the proceedings.

Information before sentencing

96

• (1) Where—

• (a) the offender was convicted on a plea of guilty (other than a plea offered in the course of a trial), or

• (b) the offender was convicted in trial proceedings but previous sentencing proceedings in respect of him were terminated,

the Director shall address the court on the facts of the case.

• (2) Where practicable, the Director shall inform the court of—

• (a) the offender’s age;

• (b) any previous convictions of the offender for—

• (i) offences under the law of any part of the United Kingdom, or

• (ii) relevant offences under the law of another member State,

• (iii) any sentence awarded in respect of any such offence, and whether any such conviction is spent for the purposes of the Rehabilitation of Offenders Act 1974¹²;

• (c) any formal police caution administered to the offender by a constable in England and Wales or Northern Ireland;

• (d) any period for which the offender has been in custody awaiting trial; and

• (e) details of the offender’s employment (if any); and

• (f) if the defendant was under 18 years of age when convicted, whether he has a service parent or service guardian (within the meaning of section 233).

• (3) Where the court has power—

• (a) to make an activation order in respect of the offender, or

• (b) to deal with him under section 186(2) (offence during period of conditional discharge) or paragraph 21 of Schedule 8 to the 2003 Act (overseas community order in force),

the Director shall inform the court of that fact, of the previous offence by virtue of which the court has that power, and of the sentence passed for that offence.

• (4) For the purposes of paragraph (2)(b) an offence is “relevant” if the act that constituted the offence would have constituted an offence under the law of any part of the United Kingdom if it had been done in that part at the time when the Director presents information to the court under this rule.

• (5) Where the offender is not subject to service law but has formerly been so subject, paragraph (2) has effect as if—

• (a) after the word “age” in sub-paragraph (a) there were added “and his rank or rate when he last ceased to be subject to service law”; and

• (b) before the word “employment” in sub-paragraph (e) there were inserted “pay and”.

Offences taken into consideration

97

• (1) The court may take into consideration any other offence committed by the offender, of a similar nature to that for which he falls to be sentenced, if—

• (a) he so requests; and

• (b) the court so directs.

• (2) A list of offences taken into consideration shall be signed by the offender and attached to the record of proceedings.

Mitigation of sentence

98

• (1) The offender may—

• (a) call witnesses in mitigation of sentence or as to his character;

• (b) produce to the court any document; and

• (c) address the court in mitigation of sentence.

Pronouncement of sentence

99

• (1) The sentence shall be recorded in writing, dated and signed by the judge advocate.

• (2) The court shall make the statement of reasons, and give the explanation, required by section 252(1).

• (3) In this rule, “sentence” has the same meaning as in section 252.

PART 15 — ANCILLARY PROCEEDINGS

CHAPTER 1 — Community order proceedings

Application and interpretation of Chapter 1

100

• (1) This Chapter applies where an overseas community order made by the court is in force.

• (2) In this Chapter—

• “the order” means the overseas community order;

• “the offender” means the person in respect of whom the order was made.

Breach of requirements: application for summons or warrant

101

• (1) An application by the responsible officer for a summons or a warrant under paragraph 8 of Schedule 8 to the 2003 Act shall be made in writing to the court administration officer, specifying—

• (a) the requirement of the order with which the offender is alleged to have failed to comply;

• (b) the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;

• (c) whether he has within the previous twelve months been given a warning under paragraph 5 of Schedule 8 to the 2003 Act in respect of the order, and if so when and in what terms; and

• (d) any grounds on which, to the responsible officer’s knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.

• (2) The court administration officer shall forward the application to the Judge Advocate General.

• (3) The Judge Advocate General may—

• (a) issue a summons under paragraph 8 of Schedule 8 to the 2003 Act requiring the offender to appear before the court for proceedings under paragraph 10 of that Schedule;

• (b) issue a warrant under paragraph 8 of that Schedule for the offender’s arrest;

• (c) dismiss the application without a hearing; or

• (d) direct a hearing of the application.

• (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.

Breach of requirements: arrest under warrant

102

• (1) This rule applies where the Judge Advocate General issues a warrant under paragraph 8 of Schedule 8 to the 2003 Act for the offender’s arrest.

• (2) The warrant shall be addressed to—

• (a) one or more service policemen;

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

• (c) both

• (3) The warrant shall state the matters mentioned in rule 101(1)(a) and 101(1)(b).

• (4) Where the warrant is addressed to an officer of a civilian police force, it shall state that the offender must be transferred to service custody as soon as practicable after arrest.

• (5) Where the offender is arrested under the warrant, or, if arrested by an officer of a civilian police force, is transferred to 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.

• (6) Rule 103 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (5).

• (7) Where the offender has been arrested under a warrant—

• (a) the court administration officer shall appoint a time and place for proceedings under paragraph 10 of Schedule 8 to the 2003 Act; and

• (b) the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 103(4).

Review of custody

103

• (1) Paragraphs (2) to (5) apply where—

• (a) the offender is brought before a judge advocate under rule 102; or

• (b) the keeping of the offender in service custody has been authorised by an order under paragraph (2) and he is brought before a judge advocate before the expiry of the period for which it was so authorised.

• (2) The judge advocate may by order authorise the keeping (or further keeping) of the offender in service custody if satisfied that there are substantial grounds for believing that, if released from service custody, the person would fail to attend the court as required.

• (3) The period for which the judge advocate may, by an order under paragraph (2), authorise the keeping of the offender in service custody is such period, ending not later than 8 days after the day on which the order is made, as the judge advocate considers appropriate in all the circumstances.

• (4) If the judge advocate makes no order under paragraph (2), the offender must be released from service custody without delay; but this is subject to paragraph (5).

• (5) The judge advocate may require the offender to comply, before release or later, with such requirements as appear necessary to secure his attendance before the court.

• (6) Where the keeping of the offender in service custody is authorised by an order under paragraph (2), he must be released on the expiry of the period for which it was so authorised unless a judge advocate has made a further order under that paragraph.

• (7) Any requirement imposed by virtue of paragraph (5) may be varied or discharged by a judge advocate on application by the offender.

• (8) Section 107(5) and (6) shall apply in relation to a requirement imposed by virtue of paragraph (5) as they apply in relation to a requirement imposed by virtue of section 107(3)(a).

Revocation of order with or without re-sentencing

104

• (1) An application under paragraph 14 of Schedule 8 to the 2003 Act must be made in writing to the court administration officer, specifying—

• (a) whether the applicant wants the court—

• (i) to revoke the order; or

• (ii) both to revoke the order and to deal with the offender for the offence in respect of which the order was made; and

• (b) the grounds on which the application is made.

• (2) The court administration officer shall forward the application to the Judge Advocate General.

• (3) If the application is made by the offender, the Judge Advocate General may—

• (a) revoke the order;

• (b) dismiss the application; or

• (c) direct a hearing of the application.

• (4) If the application is made by the responsible officer, the Judge Advocate General may—

• (a) dismiss the application; or

• (b) direct a hearing of the application, and issue a summons under paragraph 14(5) of Schedule 8 to the 2003 Act requiring the offender to appear at the hearing.

• (5) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer (and, if he is the applicant, the offender) of the time and place appointed for the hearing;

• (6) A warrant for the offender’s arrest, issued under paragraph 14(5) of Schedule 8 to the 2003 Act—

• (a) shall be addressed to—

• (i) one or more service policemen; or

• (ii) one or more officers of a civilian police force;

• (b) shall state that the offender has failed to appear in answer to a summons issued under paragraph 14(5) of Schedule 8 to the 2003 Act; and

• (c) if addressed to an officer of a civilian police force, shall state that the offender must be transferred to service custody as soon as is practicable after arrest.

• (7) Where the offender is arrested under such a warrant, or, if arrested by an officer of a civilian police force, is transferred to 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.

• (8) Rule 103 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (7).

• (9) Where the offender has been arrested under a warrant—

• (a) the court administration officer shall appoint a time and place for the hearing of the application; and

• (b) the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 103(4).

Amendment of requirements

105

• (1) An application under paragraph 17 of Schedule 8 to the 2003 Act must be made in writing to the court administration officer, specifying—

• (a) the amendment of the order that the applicant wants the court to make; and

• (b) the grounds on which the application is made.

• (2) The court administration officer shall forward the application to the Judge Advocate General.

• (3) The Judge Advocate General may—

• (a) make the proposed amendment (subject to paragraph 17(2) of Schedule 8 to the 2003 Act);

• (b) dismiss the application; or

• (c) direct a hearing of the application.

• (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer and the offender of the time and place appointed for the hearing.

Extension of unpaid work requirement

106

• (1) An application under paragraph 20 of Schedule 8 to the 2003 Act must be made in writing to the court administration officer, specifying—

• (a) the period for which the applicant wants the court to extend the period of twelve months specified in section 200(2) of that Act; and

• (b) the grounds on which the application is made.

• (2) The court administration officer shall forward the application to the Judge Advocate General.

• (3) The Judge Advocate General may—

• (a) grant the application;

• (b) extend the period specified in section 200(2) of the 2003 Act by a period shorter than that proposed in the application;

• (c) dismiss the application; or

• (d) direct a hearing of the application.

• (4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer and the offender of the time and place appointed for the hearing.

CHAPTER 2 — Other ancillary proceedings

Remission of fine

107

• (1) The court’s power to remit the whole or part of a fine under section 267 may be exercised on an application under this rule.

• (2) An application under this rule—

• (a) shall be made in writing to the court administration officer;

• (b) shall specify those financial circumstances of the applicant of which the court was unaware when it fixed the amount of the fine; and

• (c) shall include an explanation for the applicant’s failure to co-operate with the court in its inquiry under section 249.

• (3) The court administration officer shall forward the application to the judge advocate for the proceedings in which the fine was imposed.

• (4) The judge advocate may—

• (a) exercise any of the court’s powers under section 267;

• (b) dismiss the application; or

• (c) direct a hearing of the application.

• (5) Where, without a hearing, the judge advocate exercises any of the court’s powers under section 267 or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate’s decision.

• (6) Where the judge advocate directs a hearing of the application, the court administration officer shall notify the applicant of the time and place appointed for the hearing.

Certification of contempt of court

108

• (1) The court’s powers under section 311(2) (certification of contempt of court) 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 contemnor and the Director of the time and place so appointed.

• (3) The contemnor and the Director are entitled to be heard at the hearing.

• (4) The contemnor need not attend the hearing, but the court may exercise its powers under section 311(2) in his absence.

• (5) In this rule—

• “the contemnor” means the person whose offence the court is to consider certifying; and

• “offence” has the same meaning as in section 311.

PART 16 — RESTRICTIONS ON PUBLIC ACCESS AND REPORTING

Proceedings in camera

109

• (1) A judge advocate may order that any proceedings, or any part of any proceedings, be held in camera, if satisfied that the order is necessary or expedient in the interests of the administration of justice.

• (2) Without prejudice to the generality of paragraph (1), a judge advocate may conclude that it is necessary or expedient in the interests of the administration of justice to make an order under this rule on the ground that, if no order were made, the Director would be—

• (a) likely to abandon the proceedings, or

• (b) unlikely to bring comparable proceedings in future,

for fear that information useful to an enemy might be disclosed, or national security endangered.

• (3) An order under this rule may be made only on oral application by a party to the proceedings, and such an application shall be made in camera unless the judge advocate otherwise directs.

• (4) Paragraph 1 of Schedule 10 (open court) shall not apply in relation to—

• (a) any proceedings, or any part of any proceedings, as respects which an order under this rule has been made; or

• (b) unless the judge advocate hearing the application otherwise directs, the hearing of an application for such an order.

Withholding of matter from the public in proceedings before the court

110

The court may give leave for any name or other matter given in evidence in proceedings to be withheld from the public.

PART 17 — TRANSITORY AND TRANSITIONAL PROVISIONS

Supreme Court of Northern Ireland

111

Until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005¹³ comes into force, the reference in rule 26(2)(c) to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland.

Transitional

112

Schedule 2 shall have effect.

SCHEDULE 1 — OATHS AND AFFIRMATIONS

The words prescribed are—

• (a) for witnesses, “… the evidence I shall give shall be the truth, the whole truth, and nothing but the truth”; and

• (b) for interpreters, “… I will well and faithfully interpret and make true explanation of all such matters and things as shall be required of me according to the best of my skill and understanding”.

SCHEDULE 2 — TRANSITIONAL AND TRANSITORY PROVISIONS

PART 1 — GENERAL

Interpretation

1

In this Schedule—

• “AA 1955” means the Army Act 1955 ;

• “AFA 1955” means the Air Force Act 1955 ;

• “AFA 1976” means the Armed Forces Act 1976

• “commencement” means the date on which these Rules come into force;

• “NDA 1957” means the Naval Discipline Act 1957 ;

• “SCCO 1997” means the Standing Civilian Courts Order 1997 ;

• “the SDAs” means AA 1955, AFA 1955 and NDA 1957;

• “SDA compensation order” means a compensation order under paragraph 11(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957;

• “SDA offence” any offence under Parts 2 of AA 1955 or AFA 1955, as those Parts are as applied by section 209 of those Acts to those persons described in sub-sections (1) or (2) of those sections; and

• “a Standing Civilian Court” means a Standing Civilian Court established under section 6 of AFA 1976.

Record of Standing Civilian Court proceedings

2

• (1) Rules 22(2) to 22(8) shall apply in relation to the record of the proceedings of a Standing Civilian Court with the following modifications.

• (2) In paragraph (5)—

• (a) the reference to exhibits retained under rule 23 is to be read as a reference to exhibits retained under article 58 of the SCCO 1997; and

• (b) the reference to the court administration officer is to be read as a reference to the court administration officer within the meaning of AA 1955 or AFA 1955 (as the case may be).

• (3) Paragraph (5) shall have effect as if for sub-paragraphs (a) to (c) there were substituted “ the conclusion of the proceedings of a Standing Civilian Court ”.

PART 2 — STEPS TAKEN BEFORE COMMENCEMENT

Service of documents

3

Any document served on a person before commencement, which would have been served on him in accordance with any provision of these Rules if that provision had then been in force, is to be treated as having been served on him in accordance with that provision.

Court administration officers

4

Anything done before commencement by a court administration officer within the meaning of the SCCO 1997, which would have been done in accordance with any provision of these Rules if it had been done by the court administration officer within the meaning of the Act and that provision had then been in force, is to be treated as having been done by the court administration officer in accordance with that provision.

Prosecuting officers

5

Anything done before commencement by—

• (a) the prosecuting authority for the Royal Navy, the Army or the Royal Air Force, or

• (b) a prosecuting officer (within the meaning of any of the SDAs),

which would have been done in accordance with any provision of these Rules if it had been done by the Director and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the Director in accordance with that provision.

Legal representatives

6

• (1) Anything done before commencement by a person's legal advisor within the meaning of article 21 of the SCCO 1997, which would have been done in accordance with any provision of these Rules if it had been done by the person's legal representative within the meaning of these Rules and that provision had then been in force, is to be treated for the purpose of these Rules as having been done by the person's legal representative in accordance with that provision.

• (2) A person who, immediately before commencement, was a person's legal advisor (within the meaning of article 21 of the SCCO 1997) is to be treated as having been appointed as that person's legal representative under rule 26.

Arraignment

7

Where—

• (a) an accused was arraigned on a charge under article 35 of the SCCO 1997, and

• (b) the accused had not elected court-martial trial,

the accused is to be regarded for the purposes of these Rules as having been a defendant arraigned in proceedings under these Rules.

Directions etc

8

• (1) An order or ruling made by the court on an application under article 39 of the SCCO 1997 has effect in related proceedings as if made in preliminary proceedings by the judge advocate for those proceedings.

• (2) Proceedings are “related proceedings” in relation to a preliminary hearing if, had the hearing been preliminary proceedings, they would have been related proceedings in relation to those proceedings.

• (3) A summons issued under the SCCO 1997 shall have effect as if issued under these Rules.

PART 3 — EVIDENCE

Proof by written statement

9

The reference in rule 60(1)(b) to a person subject to service law or a civilian subject to service discipline is to be read, in relation to a statement made before commencement, as a reference to a person who at the time of making the statement was a person mentioned in section 99A(2)(b) of AA 1955.

Evidence of enlistment or entry for service

10

• (1) In rule 68, references to an enlistment paper used to enlist a person in accordance with regulations made under section 328 include—

• (a) an attestation paper within the meaning of AA 1955 or AFA 1955; and

• (b) a copy of Royal Navy Form S3049 (Notice Form for Entry/Re-Entry into Naval Service) signed by a person on being entered for service in the Royal Navy.

• (2) In relation to a document purporting to be a copy of Royal Navy Form S3049, rule 68(1)(a) has effect as if for the word “enlisted” there were substituted “ entered for service ”.

• (3) In rule 68(1)(b) the reference to a recruiting officer includes a recruiting officer within the meaning of Part 1 of AA 1955 or AFA 1955.

Documents signed by or on behalf of a person's commanding officer

11

In relation to a record or certificate purporting to have been signed before commencement, references in rules 70 and 72 to a person's commanding officer are to be read as references to his commanding officer within the meaning of Part 2 of the Armed Forces Act 2001 .

Special measures

12

• (1) In Chapter 6 of Part 12, “sexual offence” includes an SDA civil offence as respects which the corresponding civil offence is—

• (a) an offence under Part 1 of the Sexual Offences Act 2003;

• (b) a relevant superseded offence, within the meaning of section 62 of the 1999 Act;

• (c) an offence of attempting or conspiring to commit, or inciting the commission of, an offence within paragraph (a) or (b) above; or

• (d) 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 under Part 1 of the Sexual Offences Act 2003.

• (2) In this paragraph—

• “SDA civil offence” means an offence under section 70 of AA 1955 or AFA 1955;

• “the corresponding civil offence”, in relation to an SDA civil offence, means—the act or omission constituting the SDA civil offence; orif that act or omission is not punishable by the law of England and Wales, the equivalent act done or omission made in England or Wales.

PART 4 — SENTENCING

Activation of suspended sentence of imprisonment

13

• (1) In these Rules, “activation order” includes an order made by the court determining the suspension of an SDA suspended sentence of imprisonment and committing the offender to imprisonment.

• (2) In this paragraph, “SDA suspended sentence of imprisonment” means a sentence of imprisonment—

• (a) passed by—

• (i) a court-martial,

• (ii) a Standing Civilian Court,

• (iii) the Courts-Martial Appeal Court on an appeal brought from a court-martial, or

• (iv) the House of Lords on an appeal brought from a decision of the Courts-Martial Appeal Court, and

• (b) suspended under section 120 of AA 1955 or AFA 1955, section 90 of NDA 1957, or paragraph 20(4) of Schedule 3 to the Armed Forces Act 1976 .

SDA conditional discharge orders

14

• (1) Where—

• (a) an SDA conditional discharge order has been made in respect of an offender, and

• (b) he is charged with an offence committed during the period of conditional discharge,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which he was conditionally discharged.

• (2) In rule 96(3) the reference to power to deal with the offender under section 186(2) includes power to deal with him for an offence as respects which an SDA conditional discharge order was made.

• (3) In this paragraph, “SDA conditional discharge order” means an order for a person's conditional discharge under paragraph 3(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

Community supervision orders

15

• (1) Where a notice under this rule is served by the Director, it must be served not more than 14 days after the Director serves advance information in respect of the charge to which the evidence relates. Where—

• (a) a community supervision order has been made in respect of an offender, and

• (b) he is charged with an offence committed during the period specified in the order,

the advance information in relation to him must include a notice that, if he were convicted of the offence, the court would have power to deal with him for the offence for which the order was made.

• (2) In rule 96(3) the reference to power to deal with the offender under paragraph 23(2) of Schedule 10 to the Sentencing Code includes power to deal with him for an offence as respects which a community supervision order was made.

• (3) In this paragraph, “community supervision order” means an order under paragraph 4(1) of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

Signed

Kevan Jones — Parliamentary Under Secretary of State — 2009-05-07

Explanatory note

(This note is not part of the Rules)

Footnotes

1

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

2

• (1) Unless otherwise stated, any reference in these Rules to proceedings is to—

• (a) preliminary proceedings,

• (b) trial proceedings,

• (c) sentencing proceedings, ...

• (d) ancillary proceedings ; and

• (e) variation proceedings

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

• (2) In these Rules—

• “activation order” means—an order under paragraph 8(2)(a) or (b) of Schedule 12 to the 2003 Act (activation of suspended sentence of imprisonment); oran order under section 214(3) (reactivation of detention and training order);

• “activation proceedings” means proceedings for the making of an activation order, but does not include sentencing proceedings in which the court has power to make such an order;

• “ancillary proceedings” means proceedings under any provision of Part 15;

• “community order proceedings” means any proceedings under Chapter 1 of Part 15;

• “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;

• “preliminary proceedings” means any proceedings of the court held for the purpose of—the court making its decision in accordance with section 279 (consideration of trial by Court Martial);allowing the defendant to exercise his right to elect trial by the Court Martial;arraigning a defendant on a charge to be tried in the trial proceedings; orgiving directions, orders or rulings for the purpose of the trial proceedings;

• “related proceedings”, in relation to preliminary proceedings, means—trial proceedings in respect of any charge to which the preliminary proceedings relate;any further preliminary proceedings in relation to such trial proceedings; andany sentencing proceedings in respect of any offence found proved in such trial proceedings, or as respects which the offender pleads guilty in the preliminary proceedings or related proceedings;

• “sentencing proceedings” means proceedings for the sentencing of a person convicted by the court on a plea of guilty or in trial proceedings and does not include variation proceedings;

• “trial proceedings” means proceedings for the trial of a charge by the court, and does not include sentencing proceedings or variation proceedings;

• “variation proceedings” means proceedings under Part 14A.

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

• (a) a person to whom the proceedings relate;

• (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 of preliminary or trial proceedings, a defendant;

• (b) in the case of sentencing proceedings, an offender who falls to be sentenced in the proceedings;

• (c) in the case of activation proceedings, the offender in respect of whom the court has power to make an activation order in the proceedings;

• (d) in the case of community order proceedings, the offender in respect of whom the overseas community order was made;

• (e) in the case of a hearing of any other application (other than community order proceedings), the applicant;

• (f) in the case of a hearing under rule 108 (certification of contempt of court), the person whose offence the court is to consider certifying.

• (g) in the case of variation proceedings, an offender in respect of whom a sentence which falls to be varied has been passed.

• (5) In these Rules—

• “defendant” means a person against whom a charge allocated for Service Civilian Court trial has been brought;

• “the Director” means the Director of Service Prosecutions.

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 ;

• “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999 ;

• “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 ;

• “advance information” has the meaning given by rule 30(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;

• “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 Service Civilian Court;

• “DX” means document exchange;

• “detention and training order” means an order under section 211;

• “the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 278(2);

• “legal representative” means a person appointed by a party to proceedings under rule 26;

• “live link”, has the meaning given by rule 18(3)(a);

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

• “unit” means—a naval ship or establishment;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; oran air force station.

• (3) Any reference in these Rules to Schedule 8 to the 2003 Act is to that Schedule as modified by Schedule 5 to the Act.

4

• (1) References in this Part to service under these Rules include service under any enactment applied by these Rules.

• (2) References in this Part to a requirement that a document be served on a person include any requirement that the document be supplied to the person, however expressed.

• (3) References in this Part to a person's agreement to the service of a document in a particular way include his agreement that any document of a description specified by him may be served in that way.

5

• (1) Where under these Rules any document is to be served on a person to whom any proceedings relate, it may be served—

• (a) on him personally;

• (b) by leaving it at his usual or last known place of abode; or

• (c) by post in a letter addressed to his usual or last known place of abode;

• (d) by post in a letter addressed to his legal representative's place of business; or

• (e) by DX, fax, electronic mail or other electronic means to his legal representative, where his legal representative—

• (i) has given a DX box number, fax number or electronic mail or other electronic means address; and

• (ii) has not refused to accept service by that means.

• (2) In this rule references to the person's legal representative are to any person of whose name and address the court administration officer has been notified under rule 26(4).

6

Where under these Rules any document is to be served on the court administration officer, it may be served—

• (a) by post, DX, fax, electronic mail or other electronic means to any office of the Military Court Service; or

• (b) personally on any member of that Service, with his agreement.

7

Where under these Rules any document is to be served on the Director, it may be served—

• (a) by post, DX, fax, electronic mail or other electronic means to—

• (i) the principal office of the Service Prosecuting Authority; or

• (ii) with the agreement of a prosecuting officer, that Authority's main office in Germany; or

• (b) on a prosecuting officer personally, with his agreement.

8

Where under these Rules any document is to be served on an individual other than a person to whom proceedings relate, the court administration officer or the Director, it may be served—

• (a) on the individual personally;

• (b) if he is subject to service law, by post in a letter addressed to him at his unit;

• (c) if he is not subject to service law—

• (i) by leaving it at his usual or last known place of abode; or

• (ii) by post in a letter addressed to his usual or last known place of abode.

9

Where under these Rules any document is to be served on a corporation within the meaning of the Companies Act 2006 , it may be served—

• (a) by post to—

• (i) the corporation's principal office in the United Kingdom;

• (ii) if it has no readily identifiable principal office in the United Kingdom, any place in the United Kingdom where it carries on its activities or business; or

• (iii) if it has no principal office in the United Kingdom and does not carry on its activities or business in the United Kingdom, its principal office; or

• (b) by DX, fax, electronic mail or other electronic means, where the corporation—

• (i) has given a DX box number, fax number or electronic mail or other electronic means address; and

• (ii) has not refused to accept service by that means.

10

• (1) A judge advocate may direct that a document may be served by a method other than those mentioned in rules 5 to 9.

• (2) A direction under this rule—

• (a) must specify—

• (i) the method to be used; and

• (ii) the date by which the document must be served; and

• (b) may specify the time on that date by which the document must be served.

• (3) The court may treat a document as served if the addressee responds to it, even if it was not served in accordance with these Rules.

11

Where a document to be served on a person is sent or delivered to his commanding officer, his commanding officer must arrange for the document to be served on him personally as soon as is reasonably practicable.

12

Where a document is served by fax, electronic mail or other electronic means, the person serving it need not provide a paper copy as well.

13

• (1) Unless the contrary is shown, a document served on a person (otherwise than personally) shall be assumed to have been served—

• (a) in the case of a document sent by post from the United Kingdom to an address within the United Kingdom, on the fifth day after the day on which it was despatched;

• (b) in the case of a document sent by post—

• (i) from the United Kingdom or Germany to an address within Germany, or

• (ii) from Germany to an address within the United Kingdom,

on the tenth day after the day on which it was despatched;

• (c) in the case of any other document sent by post, on the tenth day after the day on which it was despatched;

• (d) in the case of a document served by DX, on the fifth day after the day on which it was left at the addressee's DX box number or despatched;

• (e) in the case of a document served by fax, electronic mail or other electronic means, on the day after it was transmitted; and

• (f) in any case, on the day on which the addressee responds to it if that is earlier.

14

• (1) Where—

• (a) under any of rules 5 to 9 or a direction under rule 10, a document may be served by a particular method, and

• (b) a certificate is produced which—

• (i) states that the document was so served, and

• (ii) is signed by a person who purports to have so served the document,

the document shall be assumed to have been so served, unless the contrary is shown.

• (2) Where a certificate is produced which—

• (a) states that a document was despatched, left at a DX box number or transmitted on a particular day, and