The Armed Forces (Service Civilian Court) Rules 2009

• (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.

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.

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.

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.

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.

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.

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).

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.

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).

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.

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.

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.

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.

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.

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.

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 British Islands, or

• (ii) relevant offences of which the offender has been convicted by a court outside the British Islands,

and 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 1974;

• (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); ...

• (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) ; and

• (g) any statement of the effect of the offence on the victim, the victim’s family or others.

• (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 under paragraph 23(2) of Schedule 10 to the Sentencing Code (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 ”.

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.

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.

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.

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.

101

• (1) An application by the responsible officer for a summons or a warrant under paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 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 6 of Schedule 10 to the Sentencing Code 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 8A of Schedule 10 to the Sentencing Code requiring the offender to appear before the court for proceedings under paragraph 11 of that Schedule;

• (b) issue a warrant under paragraph 8A 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.

102

• (1) This rule applies where the Judge Advocate General issues a warrant under paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 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 11 of Schedule 10 to the Sentencing Code; 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).

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).

104

• (1) An application under paragraph 15 of Schedule 10 to the Sentencing Code 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 15(3)(a) of Schedule 10 to the Sentencing Code 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 15(3)(b) of Schedule 10 to the Sentencing Code—

• (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 15(3)(a) of Schedule 10 to the Sentencing Code; 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).

105

• (1) An application under paragraph 18 of Schedule 10 to the Sentencing Code 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 18(7) of Schedule 10 to the Sentencing Code);

• (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.

106

• (1) An application under paragraph 21 of Schedule 10 to the Sentencing Code 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 paragraph 1(1)(b) of Schedule 9 to that Code; 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 paragraph 1(1)(b) of Schedule 9 to the Sentencing Code 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.

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.

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.

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.

110

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

111

Until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 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.

112

Schedule 2 shall have effect.

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”.

Editorial notes

Interpretation, translation and communication through an intermediary

CHAPTER 7 — Use of specimens in proceedings for offences relating to alcohol and drugs

Application and interpretation

84A

• (1) This Chapter applies to proceedings for an offence under section 42 of the Act (criminal conduct) as respects which the corresponding offence under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and Transport Safety Act 2003 (shipping and aviation staff: offences relating to alcohol and drugs).

• (2) In this Chapter “drug”, “medical establishment”, “service police establishment” and “service policeman” have the meanings given by section 93I of the Act.

Use of specimens

84B

• (1) Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by or taken from the defendant shall, in all cases (including cases where the specimen was not provided or taken in connection with the alleged offence), be taken into account and, subject to paragraph (2), it shall be assumed that the proportion of alcohol in the defendant’s breath, blood or urine at the time of the alleged offence was not less than in the specimen.

• (2) That assumption shall not be made if the defendant proves—

• (a) that he consumed alcohol before he provided the specimen or had it taken from him, and after the time of the alleged offence; and

• (b) that had he not done so the proportion of alcohol in his breath, blood or urine—

• (i) where the corresponding offence under the law of England and Wales is an offence under section 78(2) of the Railways and Transport Safety Act 2003, would not have been such as to impair his ability to carry out his duties;

• (ii) where that corresponding offence is an offence under subsection (2) of section 79 of that Act, would not have been such as to impair his ability to take the action mentioned in subsection (1)(b) of that section;

• (iii) where that corresponding offence is an offence under section 92 of that Act, would not have been such as to impair his ability to perform the function mentioned in subsection (1)(a) or (b) (as the case may be) of that section;

• (iv) where that corresponding offence is an offence under section 78(3), 79(3) or 93 of that Act, would not have exceeded the prescribed limit.

• (3) A specimen of blood shall be disregarded unless—

• (a) it was taken from the defendant under section 93E of the 2006 Act; or

• (b) it was taken from the defendant under section 93G of that Act and the defendant subsequently gave his permission for a laboratory test of the specimen.

• (4) Where, at the time a specimen of blood or urine was provided by the defendant, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the Director unless—

• (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the defendant was divided at the time it was provided; and

• (b) the other part was supplied to the defendant.

• (5) Where a specimen of blood was taken from the defendant under section 93G of the 2006 Act, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the Director unless—

• (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the defendant was divided at the time it was taken; and

• (b) any request to be supplied with the other part which was made by the defendant at the time when he gave his permission for a laboratory test of the specimen was complied with.

Documentary evidence as to specimens

84C

• (1) Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine may, subject to paragraphs (3) and (4) and to rule 84B(4) and (5), be given by the production of a document or documents purporting to be whichever of the following is appropriate, that is to say—

• (a) a statement automatically produced by the device by which the proportion of alcohol in a specimen of breath was measured and a certificate signed by a service policeman (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the defendant at the date and time shown in the statement; and

• (b) a certificate signed by an authorised analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate.

• (2) Subject to paragraphs (3) and (4), evidence that a specimen of blood was taken from the defendant with his consent by a registered medical practitioner or a registered nurse may be given by the production of a document purporting to certify that fact and to be signed by a registered medical practitioner or registered nurse.

• (3) Subject to paragraph (4)—

• (a) a document purporting to be such a statement or such a certificate (or both such a statement and such a certificate) as is mentioned in paragraph (1)(a) is admissible in evidence on behalf of the Director in pursuance of this rule only if a copy of it either has been handed to the defendant when the document was produced or has been served on him not later than seven days before the hearing; and

• (b) any other document is so admissible only if a copy of it has been served on the defendant not later than seven days before the hearing.

• (4) A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the defendant, not later than three days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the Director requiring the attendance at the hearing of the person by whom the document purports to be signed.

• (5) In this rule “authorised analyst” means—

• (a) any person possessing the qualifications prescribed by regulations made under section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under that Act; and

• (b) any other person authorised by the Secretary of State to make analyses for the purposes of section 16 of the Road Traffic Offenders Act 1988 or this rule.

Interpretation, translation for persons other than a person to whom proceedings relate

21A

• (1) Where the complainant is due to attend a hearing as a witness, the court administration officer, where satisfied that the person needs interpretation, shall appoint an interpreter to act at the hearing.

• (2) The court administration officer may also appoint an interpreter for any other witness who is required to give evidence at a hearing, other than a person to whom any proceedings relate.

• (3) Before an interpreter begins to act at a hearing, an oath shall be administered to the interpreter.

• (4) Before an interpreter is sworn, the interpreter’s name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.

• (5) If the judge advocate upholds any such objection, the interpreter shall not be sworn, and the court administration officer shall appoint another interpreter.

• (6) On application or on his own initiative, the judge advocate may require a written translation of any document or part of a document to be provided for a complainant or other person who attends a hearing as a witness (other than a person to whom any proceedings relate) and who needs interpretation.

Record of proceedings

Exhibits

Termination of proceedings

Circumstances not provided for

Special provisions relating to a child witness

78A

• (1) Where the court is considering giving a special measures direction under rule 78(1) in relation to a child witness the court must—

• (a) first have regards to paragraphs (2) to (6) below; and

• (b) then have regard to rule 78(1);

and if the judge advocate is required by paragraphs (2) to (6) to give such a direction, any special measure which must be provided for in the direction under paragraph (2) or (4) is to be treated for the purposes of rule 78(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).

• (2) The primary rule in the case of a child witness is that the court must give a special measures direction in relation to the witness which provides for any relevant recording to be admitted under section 27 of the 1999 Act (video recorded evidence in chief).

• (3) The primary rule is subject to the following limitations—

• (a) the requirement contained in paragraph (2) has effect subject to rule 80(1);

• (b) if the witness informs the court of the witness’s wish that the primary rule should not apply or should apply only in part, the rule does not apply to the extent that the court is satisfied that not complying with the rule would not diminish the quality of the witness’s evidence; and

• (c) the rule does not apply to the extent that the court is satisfied that compliance with it would not be likely to improve the quality of the witness’s evidence (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).

• (4) Where as a consequence of all or part of the primary rule being disapplied under paragraph (3)(b) a witness’s evidence or any part of it would fall to be given as testimony in court, the court must give a special measures direction making such provision as is described in section 23 of the 1999 Act (screening witness from accused) for the evidence or that part of it.

• (5) The requirement in paragraph (5) is subject to the following limitations—

• (a) if the witness informs the court of the witness’s wish that the requirement in paragraph (4) should not apply, the requirement does not apply to the extent that the court is satisfied that not complying with it would not diminish the quality of the witness’s evidence; and

• (b) the requirement does not apply to the extent that the court is satisfied that making such a provision would not be likely to improve the quality of the witness’s evidence (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).

• (6) In making a decision under paragraph (3)(b) or (5)(a), the court must take into account the following factors (and any others it considers relevant)—

• (a) the age and maturity of the witness;

• (b) the ability of the witness to understand the consequences of giving evidence otherwise than in accordance with the requirements in paragraph (2) or (as the case may be) in accordance with the requirements in paragraph (4);

• (c) the relationship (if any) between the witness and the defendant;

• (d) the witness’s social and cultural background and ethnic origins;

• (e) the nature of the alleged circumstances of the offence to which the proceedings relate.

• (7) Where a special measures direction is given in relation to a child witness who is not also an eligible witness in accordance with rule 75(2), then—

• (a) subject to paragraph (8) below; and

• (b) except where the witness has already begun to give evidence in the proceedings,

the direction shall cease to have effect at the time when the witness attains the age of 18.

• (8) Where a special measures direction is given in relation to a child witness who is not also an eligible witness in accordance with 75(2) and—

• (a) the direction provides—

• (i) for any relevant recording to be admitted under section 27 of the 1999 Act as evidence in chief of the witness, or

• (ii) for the special measure available under section 28 of the 1999 Act (video recorded cross-examination or re-examination) to apply in relation to the witness; and