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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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(6) Where no lay member is subject to service law, references in this rule to the president of the board are to be read as references to a lay member chosen by the lay members from among their number.

111

(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.

112

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

(2) The finding of the court on any such issue shall be determined by a majority of the votes of the members of the court.

(3) In the case of an equality of votes, the court must find for the offender.

(4) The finding of the court shall be announced by the judge advocate.

113

(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.

114

(1) Where—

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

(b) the proceedings are on an appeal against a sentence imposed by the Service Civilian Court (other than an appeal against both conviction and sentence), or

(c) 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 and rank or rate;

(b) the offender's service record;

(c) any recognised acts of gallantry or distinguished conduct on the part of the offender, and any decoration to which he is entitled;

(d) any previous convictions of the offender for—

(i) service offences,

(ii) offences under the law of any part of the British Islands or ; and

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

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 ;

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

(f) any period for which the offender has been in custody awaiting trial; ...

(g) the offender's pay, terminal benefits and future pension entitlements ; and

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

(3) For the purposes of paragraph (2)(d) 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.

(4) The Director shall inform the court whether the offence is a relevant offence for the purposes of section 165 (sentencing powers following election for trial by the court).

(5) Where the court has power—

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

(b) to deal with him under section 186(2) (offence during period of conditional discharge) or paragraph 25 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.

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

(a) for the words “and rank or rate” in sub-paragraph (a) there were substituted “ and his rank or rate when he last ceased to be subject to service law ”; and

(b) before the word “pay” in sub-paragraph (g) there were inserted “ employment, ”.

(7) Where the offender is a civilian subject to service discipline and has not formerly been subject to service law, paragraph (2) has effect as if—

(a) in sub-paragraph (a) the words “and rank or rate” were omitted;

(b) sub-paragraphs (b) and (c) were omitted;

(g) details of the offender's employment (if any);

and

(d) after sub-paragraph (g) there were inserted—

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

115

(1) The court may take into consideration any other service offence committed by the offender, of a similar nature to that for which he falls to be sentenced, if he so requests and the judge advocate so directs.

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

116

The offender may—

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

(b) produce to the court any document; and

117

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

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

(3) The president of the board shall pronounce sentence.

(4) With leave of the judge advocate, the president of the board may make additional remarks to the offender about—

(a) the effects of his offence on the service to which he belongs; and

(b) the likely effects of the sentence on his service career.

(5) Where there are no lay members, or none of the lay members is subject to service law—

(a) paragraph (1) shall have effect as if the words “and the president of the board” were omitted;

(b) in paragraph (3), the reference to the president of the board shall be read as a reference to the judge advocate; and

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

118

(1) In proceedings under this Part (“variation proceedings”), the court may vary a sentence imposed by it within the period of 56 days beginning with the day on which the sentence was imposed.

(2) The power conferred by this rule may not be exercised in relation to any sentence if an appeal, or an application for leave to appeal, against the sentence has been determined.

(3) A sentence varied under this rule shall take effect, as so varied, from the beginning of the day on which it was originally imposed, unless the court otherwise directs.

(4) In this rule—

(a) references to a sentence include any order made, or direction given, by the court when dealing with an offender; and

(b) references to the variation of a sentence include the variation or rescission of such an order or direction.

119

(1) Variation proceedings may be held only in accordance with a direction given under this rule.

(2) After the conclusion of any proceedings in which a sentence was imposed, the judge advocate for those proceedings may direct the court administration officer to appoint a time and place for variation proceedings in respect of the sentence.

(3) The judge advocate may give a direction under this rule—

(a) on the application of the Director or the offender; or

(b) of his own motion.

(4) An application for a direction under this rule—

(a) must be made in writing to the court administration officer, stating the grounds on which it is made;

(b) if made by the Director, must be served on the offender; and

(5) Where the judge advocate dismisses an application for a direction under this rule, the court administration officer shall notify the Director and the offender of that fact.

120

(1) Where a judge advocate directs under rule 119 that variation proceedings are to be held, he may direct that there are to be no lay members.

(2) A judge advocate may not give a direction under this rule unless satisfied that conditions A and B are met.

(3) Condition A is that one or more of the original lay members could not, without substantial inconvenience, attend the proceedings at the time and place appointed.

(4) Condition B is that, if—

(a) the proceedings were postponed until the earliest time at which the judge advocate, the original lay members and the offender could, without substantial inconvenience, attend the proceedings (whether at the place originally appointed or any other place), and

(b) the sentence were then varied in the way in which it would be most likely to be varied if no direction were given under this rule and the original lay members were specified for the proceedings and could attend,

the offender would be unfairly prejudiced by the postponement.

(5) In this rule—

(a) any reference to the attendance of the original lay members includes their attendance by live link, as defined by rule 121(2) (and for this purpose it is to be assumed that they have been or would be specified as lay members for the variation proceedings); and

(b) any reference to the attendance of the offender includes his attendance by live link, as defined by rule 18(3).

(6) Where a direction (“the original direction”) was given under rule 30 (additional lay members) in relation to the sentencing proceedings, it is to be assumed for the purposes of paragraph (4)(b) that—

(a) a direction would also be given under rule 30 in relation to the variation proceedings; and

(b) the number of lay members specified in that direction would be the same as that specified in the original direction.

(7) In this rule—

“inconvenience” includes expense, and adverse effect on the operational effectiveness of any of Her Majesty's forces;

“the original lay members” means the persons who, at the time when the sentence that falls to be varied was imposed, were lay members for the sentencing proceedings;

“the sentencing proceedings” means the proceedings in which the sentence that falls to be varied was imposed.

121

(1) A lay member may attend variation proceedings by live link.

(2) In this rule, “live link” means an arrangement by which a lay member, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the other members of the court during the proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded).

122

In the case of an equality of votes on whether the sentence should be varied, and if so how, the judge advocate has a casting vote.

123

Where the court varies the sentence, sections 252 and 253(2) (duty to give reasons and explain sentence) and rule 117 (announcement of sentence) shall apply as they apply to the passing of a sentence.

124

(1) This rule applies where an offender is in custody by virtue of a custodial sentence or a sentence of service detention imposed by the court.

(2) If it appears to the judge advocate, within the period of 56 days beginning with the day on which the sentence was imposed—

(a) that the court had no power to impose such a sentence, or

(b) that the maximum term for which the court had power to impose such a sentence has expired,

the judge advocate may order that the offender be immediately released.

(3) The power conferred by this rule may not be exercised in relation to any sentence if an appeal, or an application for leave to appeal, against the sentence has been determined.

(4) This rule is without prejudice to any other provision of this Part.

125

(1) An appeal under section 285 (appeals from the SCC) shall be brought by serving a written notice of appeal on the court administration officer.

(2) The court administration officer shall serve the notice on the Director.

126

(1) An application under section 285(3)(b) (extension of initial period for appeal) shall be made in writing to the court administration officer.

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

127

(1) An application for leave under section 285(4) (leave to appeal out of time) shall be made in writing to the court administration officer.

(2) Such an application must—

(a) state why the applicant did not appeal within the initial period (within the meaning of section 285); and

(b) be accompanied by the proposed notice of appeal.

(3) The court administration officer shall forward the application to the Judge Advocate General and the Director.

(4) The Judge Advocate General may—

(a) grant the application;

(b) inform the court administration officer that he is minded to dismiss the application without a hearing; or

(5) Where the Judge Advocate General is minded to dismiss the application without a hearing, the court administration officer shall notify the applicant in writing of that fact.

(6) Where the applicant is given notice under paragraph (5), the application shall be treated as dismissed unless the applicant gives notice in writing to the court administration officer, before the end of the period of 14 days beginning with the date of the notice under paragraph (5), that he requires a hearing of the application.

(7) There shall be a hearing of the application if—

(a) the Judge Advocate General directs a hearing; or

(b) the applicant requires a hearing under paragraph (6).

(8) A hearing of the application shall be before a judge advocate specified by the Judge Advocate General.

(9) At a hearing of the application—

(a) the applicant may address the judge advocate; and

(b) the Director may, with leave, address the judge advocate.

(10) Where, if the application were granted, section 286(5) would prohibit the Judge Advocate General from being a member of the court hearing the appeal, references to the Judge Advocate General in paragraphs (4) to (8) are to be read as references to the Vice Judge Advocate General.

128

(1) In relation to appellate proceedings, references in Part 7 of the 2006 Act to a defendant are to be read as references to an appellant.

(2) In relation to an appeal against conviction, Part 8 (preliminary proceedings) shall apply as it applies in relation to a charge allocated for Court Martial trial, with the following modifications—

(a) rule 45 (listing of initial preliminary proceedings) shall not apply, and the appellant shall not be re-arraigned on the charge on which he was convicted;

(b) rule 46 (listing of further preliminary proceedings) shall apply as if the word “further” were omitted wherever it appears; and

(3) In relation to appellate proceedings on an appeal against conviction, Parts 11 to 13 shall apply as they apply in relation to trial proceedings.

(4) In Parts 8 and 11 to 13 as they apply by virtue of this rule—

(a) references to a defendant are to be read as references to an appellant;

(b) references to the date on which a charge was brought are to be read as references to the date on which notice of appeal was given.

(5) Where two or more defendants were convicted in the same proceedings by the Service Civilian Court and both or all of them appeal against conviction, their appeals shall be heard together.

129

Where—

(a) an appellant fails to appear before the court at the time appointed for the commencement or resumption of the appellate proceedings, and

(b) the judge advocate considers that there is no reasonable explanation for the failure to appear,

the judge advocate may direct that the appeal be treated as abandoned.

130

In this Part—

“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.

131

(1) This rule applies where the court administration officer is notified of the facts mentioned in paragraph 19(1)(a) and (b) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act.

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

“the relevant facts” means the facts referred to in paragraph (1) above;

“the original sentence” means the suspended sentence order mentioned in paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act, or 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 paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act;

“summons” means a summons under paragraph 19(2)(a) of Schedule 16 to the Sentencing Code, as so modified;

“warrant” means a warrant under paragraph 19(2)(b) of Schedule 16 to the Sentencing Code, as so modified;

“relevant order” means an order under paragraph 13(1) of Schedule 16 to the Sentencing Code in respect of the original sentence.

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.

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.

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 paragraph 7(2) of Schedule 12 to the Sentencing Code 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.

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).

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).

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.

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).

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.

140

(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 2006 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;

(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.

141

(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 2006 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 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 136(4).

142

(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

(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) 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) 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) 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) 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).

143

(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

(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.

144

(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;

(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.

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.

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;

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.

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.

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.

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.

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.

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.

153

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

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.

155

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

156

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

157

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

158

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

159

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

160

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

161

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

162

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

163

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

164

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

165

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

166

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

167

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

168

Schedule 2 shall have effect.

Editorial notes

[^c19793381]: 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).

[^c19793391]: 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.

[^c19793401]: 2006 c. 52.

[^c19793411]: 1967 c. 80.

[^c19793421]: 1999 c. 23.

[^c19793431]: S.I. 2009/988.

[^c19793441]: 2006 c. 46.

[^c19793451]: 1978 c. 19.

[^c19793461]: 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.

[^c19793471]: 1990 c. 41. Subsection (6) of section 71 of the Courts and Legal Services Act 1990 was substituted by the Access to Justice Act 1999 (c. 22), section 43, Schedule 6, paragraphs 4 and 9. Subsections (7) and (8) of section 71 of the 1990 Act were repealed by section 106, Schedule 15, Part 2 of the 1999 Act. Prospective amendments to section 71 of the 1990 Act are made to subsections (1) and (3) by the Constitutional Reform Act 2005 (c. 4), section 59(5), Schedule 11, Part 2, paragraph 4(1), (3). Prospective amendments are made to subsections (4) and (6) and a new subsection (6A) is inserted into section 71 of the 1990 Act by the Legal Services Act 2007 (c. 29), section 208(1), Schedule 21, paragraphs 83 and 94(a), (b) and (c).

[^c19793481]: 1879 c. 11.

[^c19793501]: 2007 c. 27.

[^c19793511]: 1983 c. 20.

[^c19793531]: 2004 c. 28; section 6 of the Domestic Violence, Crime and Victims Act 2004 is applied to the Court Martial by section 8 of that Act (as amended by paragraph 238 of Schedule 16 to the Armed Forces Act 2006).

[^c19793541]: 1974 c. 53. Sections 2 and 6 of the Rehabilitation of Offenders Act 1974 were amended, and the Schedule inserted, by the Armed Forces Act 1996 (c. 46), section 13 and Schedule 4. Sections 1, 2 and 5, and the Schedule, were further amended by paragraphs 63 to 66 of Schedule 16 to the 2006 Act.

[^c19793591]: 2005 c. 4.

[^c19793601]: 1955 c. 18.

[^c19793611]: 1955 c. 19.

[^c19793621]: S.I. 2007/3442.

[^c19793631]: 1957 c. 53.

[^c19793641]: S.I. 2007/3444.

[^c19793651]: S.I. 2007/3443.

[^c19793661]: 1991 c. 62.

[^c19793671]: 1996 c. 14.

[^c19793681]: 2001 c. 19.

[^c19793691]: Sections 91 to 91D of NDA 1957 were substituted for section 91 of that Act by article 31 of the Armed Forces (Alignment of Service Discipline Acts) Order 2008, S.I. 2008/1694.

[^key-a38d1360beb151f851f761a219b5cbac]: Pt. 20 revoked (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 5; S.I. 2012/669, art. 4(f)(i)

[^key-b3b5a4cc1007d83f6a65549a907820bf]: Rule 29A inserted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 4

[^key-b7a5dd58abcaae64010038487f23ffa3]: Rule 151A inserted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 5

[^key-f48965148fd1cc74fffb3296f2a96912]: Sch. 2 Pt. 8 omitted (1.8.2013) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 6

[^key-b77164d0649e23739707e7fd01e88346]: Words in rule 29(3) substituted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 3(2)

[^key-08e6341ff7b117d3a51cdf8a41eeab87]: Words in rule 29(4) substituted (1.8.2013) by The Armed Forces (Court Martial) (Amendment) Rules 2013 (S.I. 2013/1851), rules 1, 3(3)

[^key-b43256872023764df7695c377d7ddd4d]: Rule 22 substituted (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 16

[^key-6b174dae423850711ea333843b469123]: Semi-colon in rule 23(2) substituted for full stop (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 17(a)

[^key-924cd9b3417dfa0da95961fda8be65fc]: Rule 23(2)(f)-(i) inserted (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 17(b)

[^key-5531149adfba653bb0c7a39559f8c3f6]: Pt. 12 Ch. 7 inserted (1.11.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 18

[^key-c6e4a27e2af2277879169c035b770cf3]: Words in rule 89(1) inserted (31.7.2015) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/1472), regs. 1, 10(2)

[^key-249c7361184bb67b0bfcf04578616ff4]: Rule 22A inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 10

[^key-b39fc4f93d59bbf88d1759140342c655]: Words in rule 3(2) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 9

[^key-79f56cce1bb74c7ef943f21b65aa8b64]: Word in rule 23(2)(h) deleted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 11(a)

[^key-c51aae8e031bd4568f606d34c0afdde0]: Rule 23(2)(j) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 11(c)

[^key-beebbf1835b919d36b2e6e9aa2fd1e6e]: Full stop deleted and word in rule 23(2)(i) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 11(b)

[^key-670dfd1e3af9c7819e49ef3489555e21]: Word in rule 114(2)(f) deleted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 12(a)

[^key-b967c29eef30ceecdd7780d8999c3c7b]: Rule 114(2)(h) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 12(c)

[^key-34a1a3591822eeb8a688b7202fb0334f]: Full stop deleted and word in rule 114(2)(g) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 12(b)

[^key-cad400e6de85a870413697b386a4cbb4]: Words in rule 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 384 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-66c9f4da0909bb61b3fee7c414444fb5]: Words in rule 3(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 385(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-fd8d92fd825d1ea3bbef095625b76242]: Rule 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 385(3) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-bdeed6d38fbb99425f48cacd57b4190b]: Words in rule 44(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 386 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-4d0b7758c7a6cca7f7267890ea22312e]: Words in rule 114(5)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 387 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-56bc55e59e0720decec215174dd18729]: Words in rule 131(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(2) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-9dcd137648df361547c0d141a3da910a]: Words in rule 131(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-2c1413f1c8b055f2a0c8b263d74ae042]: Words in rule 131(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-6ffcee1e5900bca5548a0d73cb173be6]: Words in rule 131(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-8bc3c06ecd071400da0a4d12b3b49590]: Words in rule 131(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-8933be61d7f1f740a6c0972b42bfd08c]: Words in rule 131(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(e) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-9dc94a1818781cdad613fbf1c9976311]: Words in rule 131(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 388(3)(f) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-e53dd1f2dbfb4eed121b85103c404f21]: Words in rule 134(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 389 (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-27fc677d9d7daeb5f246945e31d3c68f]: Words in rule 140(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-e1256550cf6baed7bc9b3255314a57b1]: Words in rule 140(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-9fc4e183d91662cf92634fe8d17af80a]: Words in rule 140(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(a)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-7afe9b918f9f1e3d730dfde9868aa026]: Words in rule 140(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(a)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-a07e00f12e96de7fe0d719fb1f34123c]: Words in rule 140(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 390(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-2db6387982181fcab814588fedad5c7d]: Words in rule 141(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 391(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-4ebcb6066510de29e99419057662f6c3]: Words in rule 141(8)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 391(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-3b287795341d241886b2ffb25a67c266]: Words in rule 142(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 392(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-eccd848f706eb81b0f741d8936ac9a74]: Words in rule 142(4)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 392(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-9f3a28ae53872b0ff14d4778aaaaf067]: Words in rule 142(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 392(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-679dbfcf12236eca92ba2ff2e4103be4]: Words in rule 143(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 393(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-f229049ed24b43ae057d6bb7ee167f49]: Words in rule 143(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 393(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-ce43eec87ed10f05c6c956aa5e5c0365]: Words in rule 144(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 394(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-ab3c2d3ea34c68704c12c4a5ed0f8293]: Words in rule 144(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 394(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-2916b6e6b14099ec5a11ede10c4a0fe9]: Words in rule 144(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 394(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-0fb93757444a0994047d87e6d0675355]: Words in Sch. 2 para. 17(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 395 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

[^key-dec627037a75b7566bd22c3f2db6094d]: Words in rule 3(2) substituted (1.12.2020) by virtue of The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 385(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

[^key-6b3b3db359f09936cabf7033b36e1639]: Rule 91(2)(a) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 9

[^key-74643311cd32ace61c144e9878ed7053]: Rule 94(a) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 12

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