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The Armed Forces (Court Martial) Rules 2009

Type Statutory-Instrument

Publication 2009-07-21

Last updated 2025-02-20

State In force

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“the relevant facts”, “the original sentence”, “the relevant period”, “the new offence”, “summons”, “warrant” and “relevant order” have the meanings given by— rule 131(2), where rule 131 applies; rule 132(2), where rule 132 applies; rule 133(2), where rule 133 applies;

“the offender” means the person convicted of the new offence.

Offence committed during operational period of suspended sentence of imprisonment

131

(1) This rule applies where the court administration officer is notified of the facts mentioned in paragraph 12(2A)(a) and (b) of Schedule 12 to the 2003 Act, as substituted by paragraph 8(1) of Schedule 7 to the 2006 Act.

(2) Where this rule applies, in this Part—

“the relevant facts” means the facts mentioned in those paragraphs, as so substituted;

“the original sentence” means the suspended sentence mentioned in paragraph 12(2A) of Schedule 12 to the 2003 Act, as substituted by paragraph 8(1) of Schedule 7 to the 2006 Act;

“the relevant period” means the operational period of that sentence;

“the new offence” means the offence mentioned in that sub-paragraph, as so substituted;

“summons” means a summons under that sub-paragraph, as so substituted;

“warrant” means a warrant under that sub-paragraph, as so substituted;

“relevant order” means an order under paragraph 8(2) of Schedule 12 to the 2003 Act in respect of the original sentence.

Offence committed during operational period of suspended sentence of service detention

132

(1) This rule applies where the court administration officer is notified of the facts mentioned in section 191(2)(a) and (b) and (6)(b).

(2) Where this rule applies, in this Part—

“the relevant facts” means the facts mentioned in those paragraphs;

“the original sentence” means the suspended sentence of service detention mentioned in section 191(2)(a);

“the relevant period” means the operational period of that sentence;

“the new offence” means the offence mentioned in section 191(2)(b);

“summons” means a summons under section 191(6);

“warrant” means a warrant under that subsection;

“relevant order” means an order under section 191(3) in respect of the original sentence.

Offence committed during release period of detention and training order

133

(1) This rule applies where the court administration officer is notified of the facts mentioned in section 214(7)(a) to (c).

(2) Where this rule applies, in this Part—

“the relevant facts” means the facts mentioned in those paragraphs;

“the original sentence” means the order under section 211 mentioned in section 214(1); and

“the relevant period” means the period between the offender’s release from custody under that order and the date on which the term of the order ends;

“the new offence” has the same meaning as in section 214;

“summons” means a summons under section 214(7);

“warrant” means a warrant under that subsection;

“relevant order” means an order under section 214(3) in respect of the original sentence.

Application for activation proceedings

134

(1) This rule applies where any of rules 131 to 133 applies.

(2) The court administration officer shall notify the Director that this rule applies, and forward to the Director such of the following as is not already in the Director’s possession—

(a) the record of the proceedings in which the original sentence was passed;

(b) information concerning—

(i) the new offence, and any other offence proved to have been committed by the offender during the relevant period; and

(ii) the sentence passed for each such offence; and

(i) a relevant order in respect of the original sentence; or

(ii) where rule 133 applies, an order under section 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000¹⁷ in respect of the original sentence.

(3) The Director may give written notice to the court administration officer and the offender that he requires activation proceedings to be held.

(4) A notice under paragraph (3) must be given within 28 days of the court administration officer’s compliance with paragraph (2).

(5) Where the Director gives notice under paragraph (3), the court administration officer shall forward to the Judge Advocate General the documents and information mentioned in paragraph (2)(a) to (c).

(6) The Judge Advocate General shall—

(a) issue a summons requiring the offender to appear before the court for activation proceedings; or

(b) issue a warrant for the offender’s arrest.

(7) The Judge Advocate General may delegate his functions under this rule to any judge advocate.

Warrant for offender's arrest

135

(1) This rule applies where the Judge Advocate General issues a warrant for the offender’s arrest.

(2) The warrant shall be addressed to—

(a) one or more service policemen; or

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

(3) The warrant may not be addressed to a service policeman unless the offender is subject to service law or is a civilian subject to service discipline.

(4) The warrant shall state the relevant facts.

(5) 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 is practicable after arrest.

(6) 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;

(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;

(d) the offender shall be brought before the court at that time and place, unless he has been released from custody under rule 136(4).

Review of custody

136

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

(a) the offender is brought before a judge advocate under rule 135(6); 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 or the Director.

(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).

Disclosure by Director

137

(1) This rule applies where activation proceedings are to be held.

(2) As soon as is reasonably practicable, and in any event not less than 7 days before the time appointed for the commencement of the proceedings, the Director shall serve on the offender such of the information and documents mentioned in rule 134(2) as are in his possession.

Procedure in activation proceedings

138

(1) This rule applies where the offender appears or is brought before the court for activation proceedings.

(2) The judge advocate shall ask the offender whether he admits the relevant facts.

(3) If the offender does not admit the relevant facts—

(a) the Director may adduce evidence of them;

(b) the offender may cross-examine any witness called by the Director, and may give evidence or call witnesses; and

(4) Paragraphs (5) to (9) apply where—

(a) the offender admits the relevant facts, or

(b) the judge advocate determines that the relevant facts are proved.

(5) The Director shall address the court on the circumstances of the offence for which the original sentence was passed, and the new offence.

(6) The offender may adduce evidence as to his character, and such evidence may be given orally or in writing.

(7) The offender may address the court as to—

(a) whether the court should make a relevant order; and

(b) the terms in which any such order should be made.

(8) The court’s decision as to whether to make a relevant order, and if so in what terms, shall be determined by a majority of the votes of the members of the court.

(9) In the case of an equality of votes, the judge advocate has a casting vote.

(10) Where the court makes a relevant order, rule 117 shall apply in relation to the making of the order as it applies in relation to the passing of a sentence, with the omission of paragraph (2).

PART 18 — ANCILLARY PROCEEDINGS

CHAPTER 1 — Community order proceedings

Application and interpretation of Chapter 1

139

(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

140

(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;

(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

141

(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; or

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

(3) The warrant may not be addressed to a service policeman unless the offender is a civilian subject to service discipline.

(4) The warrant shall state the matters mentioned in rule 140(1)(a) and (b).

(5) 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.

(6) 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.

(7) Rule 136 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (6) as it applies in relation to an offender brought before a judge advocate under rule 135(6).

(8) 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 136(4).

Revocation of order with or without re-sentencing

142

(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

(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) The warrant may not be addressed to a service policeman unless the offender is a civilian subject to service discipline.

(8) 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.

(9) Rule 136 (review of custody) applies in relation to an offender brought before a judge advocate under paragraph (8) as it applies in relation to an offender brought before a judge advocate under rule 135(6).

(10) 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 136(4).

Amendment of requirements

143

(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

(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

144

(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;

(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

Review of service compensation order

145

(1) An application to the court under section 177 (application for discharge of service compensation order or reduction of amount payable)—

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

(b) shall be served on the person in whose favour the order was made;

(i) to discharge the order; or

(ii) to reduce the amount which remains to be paid, and if so by how much;

(d) shall specify which of the grounds mentioned in section 177(3) applies; and

(e) shall state that the application may be granted without a hearing if the person in whose favour the order was made does not serve notice on the court administration officer, within 14 days of being served with the application, that he opposes it.

(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) exercise the court’s powers under section 177 in a way other than that proposed in the application;

(d) direct a hearing of the application.

(4) The Judge Advocate General may not (without a hearing) grant the application or otherwise exercise the court’s powers under section 177 unless—

(a) at least 14 days have elapsed since the application was served on the person in whose favour the order was made; and

(b) that person has not served notice on the court administration officer that he opposes the application.

(5) Where the Judge Advocate General (without a hearing) grants the application, otherwise exercises the court’s powers under section 177 or dismisses the application, the court administration officer shall give notice in writing of that decision to the applicant and the person in whose favour the order was made.

(6) Where the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the applicant, and the person in whose favour the order was made, of the time and place appointed for the hearing.

Application for time to pay financial penalty

146

(1) An application to the court under section 251(3) (application for order allowing time for payment of amount due in respect of fine or service compensation order, or directing payment by instalments)—

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

(b) shall state whether the applicant wishes the court—

(i) to allow time for payment of the amount due in respect of the fine or service compensation order, and if so how much time; or

(ii) to direct payment of that amount by instalments, and if so by instalments of what amounts and payable on what dates;

(d) if made in respect of a service compensation order—

(i) shall be served on the person in whose favour that order was made; and

(ii) shall state that it may be granted without a hearing if that person does not serve notice on the court administration officer, within 14 days of being served with the application, that he opposes it.

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

(3) The Judge Advocate General may—

(a) make the proposed, or any other, order under section 251;

(b) dismiss the application; or

(4) But the Judge Advocate General may not (without a hearing) make an order under section 251 in respect of a service compensation order unless—

(a) at least 14 days have elapsed since the application for the order was served on the person in whose favour the service compensation order was made; and

(b) that person has not served notice on the court administration officer that he opposes the application.

(5) Where the Judge Advocate General (without a hearing) makes an order under section 251 or dismisses the application, the court administration officer shall give notice in writing of that decision to—

(a) the applicant; and

(b) where the application is in respect of a service compensation order, the person in whose favour that order was made.

(6) Where the Judge Advocate General directs a hearing of the application, the court administration officer shall notify—

(a) the applicant, and

(b) where the application is in respect of a service compensation order, the person in whose favour that order was made,

of the time and place appointed for the hearing.

(7) This rule shall apply in relation to an application to the court under section 251(4) (application for variation of order under section 251) as if for paragraph (1)(b) there were substituted—

(b) shall state the respects in which the applicant wishes the court to vary the order under section 251;

Remission of fine

147

(1) The court’s power to remit the whole or part of a fine under section 267 may be exercised—

(a) on an application to the court under section 251(3) or (4) (whether at a hearing under rule 146 or otherwise); or

(b) 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

(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.

Remission of case by Appeal Court for consideration of service restraining order

148

(1) This rule applies where the Appeal Court allows an appeal against conviction but remits the case under section 230(3) for the court to consider whether to proceed under section 229 (service restraining orders).

(2) The court administration officer shall appoint a time and place for proceedings under section 229.

(3) Any person to whom notice of the proceedings is given is entitled to be heard at the proceedings.

(4) The person whose appeal was allowed need not attend the proceedings, but the court may make an order under section 229 in his absence.

Variation or revocation of service restraining order

149

(1) An application under section 232(1) for the variation or revocation of a service restraining order—

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

(b) shall specify whether the applicant wishes the court—

(i) to revoke the order; or

(ii) to vary the order, and if so how; and

(2) The court administration officer shall forward the application to the judge advocate for the proceedings in which the order was made.

(3) The judge advocate may—

(a) dismiss the application; or

(b) direct a hearing of the application.

(4) Where the judge advocate dismisses the application without a hearing, the court administration officer shall notify the applicant in writing of the judge advocate’s decision.

(5) Where the judge advocate directs a hearing of the application, the court administration officer shall notify—

(a) the applicant, and

(b) every other person mentioned in the order,

of the time and place appointed for the hearing.

(6) In this rule “the order” means the order under section 229 as respects which the application is made.

Variation or revocation of order for recognizance

150

(1) An application to the court under section 235(4) for the variation or revocation of an order for a service parent or guardian to enter into a recognizance—

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

(b) shall specify whether the applicant wishes the court—

(i) to revoke the order; or

(ii) to vary the order, and if so how; and

(2) The court administration officer shall forward the application to the judge advocate for the proceedings in which the order was made.

(3) The judge advocate may—

(a) vary or revoke the order;

(b) dismiss the application; or

(4) Where, without a hearing, the judge advocate varies or revokes the order or dismisses the application, the court administration officer shall notify the applicant in writing of the judge advocate’s decision.

(5) 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.

(6) In this rule “the order” means the order under section 233 as respects which the application is made.

Certification of contempt of court

151

(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 19 — RESTRICTIONS ON PUBLIC ACCESS AND REPORTING

Proceedings in camera

152

(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,

lest information useful to an enemy 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) Where an order is made under this rule—

(a) the court administration officer shall immediately cause a copy of the order to be prominently displayed at the place appointed for the proceedings; and

(b) the proceedings (or the part of the proceedings as respects which the order is made) shall not commence until—

(i) at least 24 hours after the making of the order; and

(ii) if an application for leave to appeal against the order has been made, the dismissal of the application or the determination or abandonment of the appeal (as the case may be).

(5) Section 158 (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

153

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

Appeals

154

A person aggrieved may appeal to the Appeal Court, with the leave of that court, against—

(a) any order or direction restricting the access of the public to the whole or any part of any proceedings; and

(b) any order or direction restricting the publication of any report of the whole or any part of a trial or any such ancillary proceedings.

PART 20 — CONSEQUENCES OF ELECTION FOR COURT MARTIAL TRIAL

Interpretation

155

In this Part—

“election charge” means a charge as regards which an election for Court Martial trial is made under section 129 (including a charge as regards which an election in respect of another charge takes effect by virtue of section 129(3));

“relevant”, in relation to an offence, means relevant for the purposes of section 165 (sentencing powers of Court Martial where election for trial by that court).

Charge referred to Director following election on another charge

156

(1) Where—

(a) a person makes an election under section 129,

(b) another charge brought against the person is, at the time of the election, regarded for the purposes of Part 5 of the 2006 Act as allocated for summary hearing,

(d) the person’s commanding officer refers the other charge to the Director under section 123(2)(e) without giving the person the opportunity to make an election under section 129 in respect of it, and

(e) the court convicts or acquits the person of the offence to which the other charge relates,

that offence is relevant.

(2) Where—

(a) a charge is in respect of an offence which, if the defendant were convicted or acquitted of it, would be relevant by virtue of this rule,

(b) another charge (“the new charge”) is brought under section 125 in addition to the charge, or substituted for it, and

that offence is relevant.

Powers of the Director

157

(1) This rule applies where a relevant charge is allocated for Court Martial trial.

(2) In this rule, “relevant charge” means a charge in respect of an offence which would be a relevant offence if the defendant were convicted or acquitted of it.

(3) The Director may not, without the written consent of the defendant, substitute under section 125(2)(b)—

(a) a charge in respect of an offence other than one that may be dealt with at a summary hearing (within the meaning of section 53); or

(b) a charge which section 54 would have prevented the defendant’s commanding officer from hearing summarily (if no election under section 129 had been made, and the officer had made the substitution but had not obtained the permission of higher authority to hear the charge).

(4) The Director may not, without the written consent of the defendant, bring under section 125(2)(c) a charge in addition to the relevant charge.

Sentence where charge added to, or substituted for, election charge

158

Where—

(a) the court convicts a person of an offence which is relevant by virtue of section 165(1)(b) (charges brought in addition to, or substituted for, an election charge), and

(b) section 165(4) does not apply,

the sentence passed in respect of the offence must be such that the person’s commanding officer could have awarded the punishments awarded by that sentence if he had heard the election charge summarily and had recorded a finding that it had been proved.

Sentence where charge referred following election on another charge

159

(1) Where—

(a) the court convicts a person of an offence which is relevant by virtue of rule 156, and

(b) section 165(4) does not apply,

the sentence passed in respect of the offence must be such that the person’s commanding officer could have awarded the punishments awarded by that sentence if he had heard the non-election charge summarily and had recorded a finding that it had been proved.

(2) In this rule “the non-election charge” means the charge referred as mentioned in rule 156(1)(d).

Multiple relevant offences: application of section 165(4)

160

(1) This rule applies where the court convicts a person of two or more relevant offences.

(2) Where any of the offences is relevant by virtue of section 165(1)(b), the charge in respect of it is to be treated for the purposes of section 165(4) as if, had no election under section 129 been made, the charge would have been heard summarily at the hearing at which the election charge would have been heard if no such election had been made.

(3) Where—

(a) the offences are relevant by virtue of rule 156(1), and

(b) the charges in respect of them would have been heard summarily together if they had not been referred as mentioned in rule 156(1)(d),

those charges are to be treated for the purposes of section 165(4) as if they would have been heard summarily together if no election under section 129 had been made.

(4) Where any of the offences is relevant by virtue of rule 156(2)—

(a) paragraph (3) applies as if the offence were relevant by virtue of rule 156(1); and

(b) for the purposes of paragraph (3)(b) the charge in respect of the offence is to be treated as a charge which, had it not been referred as mentioned in rule 156(1)(d), would have been heard summarily at the hearing at which the non-election charge would have been heard if it had not been so referred.

(5) In paragraph (4) “the non-election charge” means the charge referred as mentioned in rule 156(1)(d).

Sentence for multiple relevant offences

161

(1) This rule applies where section 165(4) applies.

(2) The relevant offences mentioned in section 165(4) (“the joined offences”) shall for the purposes of section 255 (individual sentence for each offence) be regarded as a single offence, and the court shall accordingly pass a single sentence in respect of them.

(3) Paragraphs (4) and (5) apply where the joined offences are relevant by virtue of section 165(1)(a) or (b).

(4) If there was one election charge, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the election charge summarily and had recorded a finding that it had been proved.

(5) If there were two or more election charges, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the election charges summarily, together, and had recorded findings that they had been proved.

(6) Paragraphs (7) and (8) apply where the joined offences are relevant by virtue of rule 156.

(7) If there was one non-election charge, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the non-election charge summarily and had recorded a finding that it had been proved.

(8) If there were two or more non-election charges, the sentence must be such that the offender’s commanding officer could have awarded the punishments awarded by the sentence if he had heard the non-election charges summarily, together, and had recorded findings that they had been proved.

(9) In relation to the sentence, sections 242 (service detention: general restriction), 243 (length of term of service detention) and 248 (forfeiture of seniority and reduction in rank or disrating) shall apply as if the sentence were being passed by an officer at a summary hearing.

(10) In this rule—

“non-election charge” means a charge referred to the Director in such circumstances that the offence to which it relates would be a relevant offence by virtue of rule 156(1) if the defendant were convicted or acquitted of it;

“the sentence” means the sentence passed in respect of the joined offences.

Multiple relevant offences: powers of Appeal Court

162

(1) In a case in which the court passed a single sentence in respect of two or more offences by virtue of rule 161, the 1968 Act is modified as follows.

(2) Where section 13¹⁸ (power to re-sentence when some but not all convictions successfully appealed) applies but the appellant remains convicted of two or more of the joined offences, those joined offences of which he remains convicted are to be treated for the purposes of section 13(2) as a single offence.

(3) Where section 14 or 14A¹⁹ (substitution of conviction on different charge) applies in relation to a conviction of any of the joined offences, subsection (2) of that section has effect as if the reference in paragraph (b) to a sentence that the Court Martial would have had power to pass in respect of the offence mentioned in subsection (1)(b) (“the other offence”) were to a sentence which that court would have had power to pass, in respect of the other offence and those of the joined offences of which the appellant remains convicted, if—

(a) it had convicted him of the other offence; and

(b) the other offence were one of the joined offences.

(4) Section 16A(2)²⁰ (powers of Appeal Court on appeal against sentence) has effect as if the reference in paragraph (b) to the offence were to the joined offences.

(5) In this rule “the joined offences” has the same meaning as in rule 161.

Offences associated with a relevant offence

163

Where the court sentences an offender for—

(a) a relevant offence with which another offence (whether or not a relevant offence) is associated, or

(b) an offence with which a relevant offence is associated,

for the purposes of Part 9 of the 2006 Act the offences shall be regarded as not being associated with one another.

Activation of suspended sentence of detention

164

(1) This rule applies where—

(a) the court makes an order under section 191(3) (activation of suspended sentence of service detention) by virtue of having convicted a person of a relevant offence; and

(b) the sentence in respect of which the order is made was passed by an officer or the Summary Appeal Court.

(2) The term of the suspended sentence as it takes effect by virtue of the order must not exceed 28 days unless the offender’s commanding officer would have had extended powers for the purposes of section 194 if no election under section 129 had been made.

(3) Paragraph (4) applies where—

(a) the court awards a term of service detention in respect of the relevant offence, or (by virtue of rule 161) in respect of the relevant offence and one or more other offences; and

(b) the order provides for the suspended sentence to take effect from the end of the term so awarded.

(4) The aggregate of the terms of the two sentences—

(a) must not exceed 28 days unless the offender’s commanding officer would have had extended powers for the purposes of section 194 if no election under section 129 had been made; and

(b) must not exceed 90 days in any event.

Service restraining orders

165

The court may not make a service restraining order in relation to a person by virtue of having convicted or acquitted him of a relevant offence.

Review of unduly lenient sentence

166

In section 273(1)(a) (review of unduly lenient sentence by Appeal Court) the reference to an offence under section 42 does not include a relevant offence.

PART 21 — TRANSITORY AND TRANSITIONAL PROVISIONS

Supreme Court of Northern Ireland

167

Until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005²¹ comes into force, the reference in rule 39(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

168

Schedule 2 shall have effect.

SCHEDULE 1 — OATHS AND AFFIRMATIONS

1

The words prescribed are—

(a) for lay members in trial proceedings, “…I will well and truly try the defendant before the court according to the evidence; I will duly administer justice according to law and without partiality, favour or affection; and I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of the Court Martial, unless required to do so in due course of law”;

(b) for lay members in appellate proceedings, “…I will well and truly try the appellant before the court according to the evidence; I will duly administer justice according to law and without partiality, favour or affection; and I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of the Court Martial, unless required to do so in due course of law”;

(c) for lay members in other proceedings, “…I will duly administer justice according to law and without partiality, favour or affection; and I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of the Court Martial, unless required to do so in due course of law”;

(d) for persons in attendance for instruction, “…I will not on any account, at any time whatsoever, disclose the vote or opinion of any member of the Court Martial, unless required to do so in due course of law”;

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

(f) 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 PROVISIONS

PART 1 — GENERAL

Interpretation

1

(1) In this Schedule—

“AA 1955” means the Army Act 1955 ;

“AFA 1955” means the Air Force Act 1955 ;

“the Army Rules” means the Courts-Martial (Army) Rules 2007 ;

“commencement” means the time at which these Rules come into force;

“court-martial rules” means the RN Rules, the Army Rules and the RAF Rules (or any of them);

“NDA 1957” means the Naval Discipline Act 1957 ;

“preliminary hearing” means a preliminary hearing held under court-martial rules;

“the RAF Rules” means the Courts-Martial (Royal Air Force) Rules 2007 ;

“the RN Rules” means the Courts-Martial (Royal Navy) Rules 2007 ;

“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” means any of the following—any offence under Part 2 of AA 1955 or AFA 1955;any offence under Part 1 of NDA 1957;an offence under section 47K of that Act;an offence under section 18 or 20 of the Armed Forces Act 1991 committed before commencement;an offence under any of sections 95 to 97 of the Reserve Forces Act 1996 committed before commencement;an offence under paragraph 5(1) of Schedule 1 to that Act committed before commencement by a person within sub-paragraph (2) below;

“stoppages” has the same meaning as in AA 1955, AFA 1955 or NDA 1957 (as the case may be).

(2) A person is within this sub-paragraph if—

(a) after committing the offence and before commencement, he became a member of a reserve force and—

(i) he remained such a member until commencement; or

(ii) immediately before commencement, he was subject to military law, air-force law or NDA 1957; or

(b) after commencement, he becomes a member of the reserve forces.

Record of court-martial proceedings

2

(1) Rule 23(5) to (8) shall apply in relation to the record of—

(a) the proceedings of a court-martial, and

(b) a preliminary hearing,

with the following modifications.

(2) In paragraph (5)—

(a) the reference to exhibits retained under rule 24 is to be read as a reference to exhibits retained under rule 62(3) of the RN Rules or rule 65(3) of the Army Rules or the RAF Rules; 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, AFA 1955 or NDA 1957 (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 the court-martial (or, in relation to the record of a preliminary hearing which was not followed by proceedings of a court-martial, the conclusion of the last preliminary hearing in the case) ”.

(4) In paragraph (7)—

(a) references to proceedings (or part of proceedings) held in camera include a preliminary hearing (or part of such a hearing) in relation to which the judge advocate gave a direction under rule 34(1) of the RN Rules or rule 37(1) of the Army Rules or the RAF Rules; and

(b) the reference to proceedings in relation to which a direction under rule 47 was given is to be read as a reference to a preliminary hearing held under rule 35 of the RN Rules or rule 38 of the Army Rules or the RAF Rules.

Persons ineligible for membership in particular circumstances

3

(1) In rule 32(6), the reference to any previous proceedings includes proceedings under any of the SDAs.

(2) In rule 32(10), the reference to a person who at any time was not subject to service law applies only in relation to a time after commencement.

(3) In relation to a person who at any time before commencement was not subject to military law, air-force law or NDA 1957, references in rule 32 to a unit in which the person was at that time serving are to be read as references to a unit to which he was at that time attached.

PART 2 — STEPS TAKEN BEFORE COMMENCEMENT

Service of documents

4

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

5

Anything done before commencement by a court administration 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 court administration officer within the meaning of the 2006 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

6

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

7

(1) Anything done before commencement by a person's legal representative within the meaning of court-martial rules, 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 representative (within the meaning of court-martial rules) is to be treated as having been appointed under rule 39.

Arraignment

8

Where—

(a) a defendant was arraigned on a charge under section 91A(2) of AA 1955 or AFA 1955, or section 58A(2) of NDA 1957, and

(b) the charge is allocated for Court Martial trial,

the defendant is to be regarded for the purposes of these Rules as having been arraigned, and as having pleaded not guilty to the charge, in preliminary proceedings.

Directions etc

9

(1) A direction, order or ruling given or made in a preliminary hearing by the judge advocate (within the meaning of court-martial rules) 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 court-martial rules shall have effect as if issued under these Rules.

(4) A direction given before commencement which, had it been given after commencement, would have been a direction under rule 30 (additional lay members), has effect as if given under that rule.

(5) In rule 50(1) (appeals from preliminary proceedings) the reference to preliminary proceedings includes a preliminary hearing.

(6) In rule 154 (appeals from orders restricting public access etc.) references to an order or direction include an order made, or a direction given, by—

(a) a court-martial; or

(b) a judge advocate in a preliminary hearing.

PART 3 — EVIDENCE

Proof by written statement

10

The reference in rule 75(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

11

(1) In rule 83, 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 83(1)(a) has effect as if for the word “enlisted” there were substituted “ entered for service ”.

(3) In rule 83(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

12

In relation to a record or certificate purporting to have been signed before commencement, references in rules 85 and 87 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

13

(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 or section 42 of NDA 1957;

“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

SDA offences

14

In rules 114(2)(d) and 115, references to service offences include SDA offences.

Activation of suspended sentence of imprisonment

15

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

(iii) the House of Lords or the Supreme Court 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 or section 90 of NDA 1957.

SDA conditional discharge orders

16

(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 114(5) 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

17

(1) 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 114(5) the reference to power to deal with the offender under paragraph 25 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.

Variation proceedings

18

(1) In rule 118(1), the reference to a sentence imposed by the court includes a sentence imposed by a court-martial.

(2) In rule 119(2), the reference to proceedings in which a sentence was imposed includes proceedings of a court-martial in which a sentence was imposed.

(3) In relation to variation proceedings held by virtue of this paragraph—

(a) rule 29 applies if, at the time when the sentence was imposed, the lay members of the court-martial were more than four in number;

(b) the reference in rule 32(3) to a member of the court for the proceedings in which the sentence that falls to be varied was imposed is to be read as a reference to a member of the court-martial;

(c) a person is not ineligible for membership of the court for the variation proceedings by virtue of having been a member of the court-martial;

(d) rule 32(6) is subject to paragraph (c) above;

(e) rule 33 applies to the proceedings if any of the lay members of the court-martial was not subject to military or air-force law or to NDA 1957;

(f) the reference in rule 118(4) to the court is to be read as a reference to the court-martial; and

(g) references in rule 120 to the original lay members are to be read as references to the lay members of the court-martial.

(4) In this paragraph, references to the lay members of the court-martial are to the members of that court other than the judge advocate.

Power to order offender's release from custody

19

In rule 124—

(a) references to the court include a court-martial;

(b) the reference to a custodial sentence includes—

(i) a sentence of imprisonment passed by a court-martial;

(ii) a sentence of custody for life under section 71A(1A) or (1B) of AA 1955 or AFA 1955 or section 43A(1A) or (1B) of NDA 1957;

(iii) a sentence of detention during Her Majesty's pleasure under section 71A(3) of AA 1955 or AFA 1955 or section 43A(3) of NDA 1957;

(iv) a sentence of detention under section 71A(4) of AA 1955 or AFA 1955 or section 43A(4) of NDA 1957 (detention for serious offence committed by young person);

(v) a custodial order under section 71AA of, or paragraph 10 of Schedule 5A to, AA 1955 or AFA 1955, or section 43AA of, or paragraph 10 of Schedule 4A to, NDA 1957; and

(c) the reference to a sentence of service detention includes a sentence of detention under section 71(1)(e) of AA 1955 or AFA 1955 or section 43(1)(e) of NDA 1957.

PART 5 — APPELLATE PROCEEDINGS

Appeal from a Standing Civilian Court

20

In these Rules—

“appellate proceedings” includes proceedings of the court (other than sentencing proceedings) on appeal from a Standing Civilian Court;

“sentencing proceedings” includes proceedings for the sentencing of a person convicted by a Standing Civilian Court who appeals against sentence.

PART 6 — ACTIVATION PROCEEDINGS

Activation proceedings in respect of a suspended sentence of detention under NDA 1957

21

(1) This paragraph applies where the court administration officer is notified—

(a) that a sentence of detention passed on an offender by a court-martial under NDA 1957 is suspended under section 90 of that Act;

(b) that—

(i) the offender's commanding officer has recorded a finding under the 2006 Act that a charge against the offender in respect of an SDA offence committed since the sentence was suspended, or a service offence, is proved; or

(ii) the offender has been convicted (before or after commencement) of an offence in the British Islands committed since the sentence was suspended; and

(2) Where this paragraph applies, in Part 17 and this paragraph—

“the relevant facts” means the facts mentioned in sub-paragraph (1);

“the original sentence” means the sentence mentioned in sub-paragraph (1)(a);

“the relevant period” means the period since the original sentence was suspended (or last suspended);

“the new offence” means the offence mentioned in sub-paragraph (1)(b)(i) or (ii), as the case may be;

“summons” and “warrant” mean a summons or warrant (as the case may be) issued on the basis of the facts mentioned in sub-paragraph (1);

“relevant order” means an order under section 191(3) in respect of the original sentence.

(3) Where this paragraph applies—

(a) references in Part 17 to the proceedings in which the original sentence was passed are to be read as references to the proceedings under NDA 1957 in which that sentence was passed; and

(b) rule 134(2)(c) includes the record of any proceedings in which a court or an officer made, or gave reasons for not making, an order under section 91(1) or 91B(1) of NDA 1957 in respect of the original sentence.

PART 7 — ANCILLARY PROCEEDINGS

Review of stoppages or SDA compensation order

22

(1) Rule 145 applies in relation to an application to the court under section 177 in respect of—

(a) an award of stoppages; or

(b) an SDA compensation order.

(2) In rule 145 as applied by this paragraph, references to the order are to be read as references to the award of stoppages or the SDA compensation order, as the case may be.

(3) In relation to an award of stoppages, rule 145 has effect as if the following were omitted—

(a) paragraph (1)(b);

(b) paragraph (1)(e), and the word “and” preceding it;

(d) in paragraph (5), the words “and the person in whose favour the order was made”; and

(e) in paragraph (6), the words “, and the person in whose favour the order was made,”.

Application for time to pay financial penalty

23

(1) Rule 146 applies in relation to an application to the court under section 251(3) in respect of—

(a) a fine awarded under any of the SDAs;

(b) an award of stoppages; or

(2) References in rule 146 to an application made in respect of a service compensation order include an application made in respect of an SDA compensation order.

Variation or revocation of order for recognizance

24

(1) Rule 150 applies in relation to an application to the court under section 235(4) in respect of an order under paragraph 14 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

(2) In rule 150 as applied by this paragraph, “the order” means the order under paragraph 14 of Schedule 5A to AA 1955 or AFA 1955 or of Schedule 4A to NDA 1957.

PART 8 — CONSEQUENCES OF ELECTION FOR COURT-MARTIAL TRIAL

Interpretation

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of Part 20 to SDA elections

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charge referred to higher authority following election for court-martial trial on another charge

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the Director

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b)

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sentence where charge referred following SDA election on another charge

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Multiple relevant offences where election under AA 1955

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sentence for multiple relevant offences

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activation of suspended SDA sentence of detention

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Kevan Jones — Parliamentary Under Secretary of State — 2009-07-21

Explanatory note

(This note is not part of the Rules)

Footnotes

1968 c. 20. Section 19(5) of the Court Martial Appeals Act 1968 is inserted by paragraph 20 of Schedule 8 to the Armed Forces Act 2006 (c. 52).

2003 c. 44. By virtue of section 113 of, and paragraph 5 of Schedule 6 to, the Criminal Justice Act 2003 (“the 2003 Act”), section 111 has effect as if, in its subsection (7), the definition of “rules of court” included rules regulating the practice and procedure of service courts. By virtue of section 135 of, and paragraph 2(6) of Schedule 7 to, the 2003 Act, section 132 is modified so that, in its subsection (10), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of paragraph 6 of Schedule 6 and paragraph 8 of Schedule 7 (as amended by paragraph 234(4) and paragraph 235(6) of Schedule 16 to the Armed Forces Act 2006), “service court” includes the Court Martial.

1974 c. 23. Schedule 1 to the Juries Act 1974 is substituted by section 321 of, and paragraphs 1 and 15 of Schedule 33 to, the Criminal Justice Act 2003.

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