The Armed Forces (Court Martial) Rules 2009

[^key-396b17d5fdd6665e832f2ba026b9c5e5]: Rule 95(5)(a) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 13

[^key-5bf0e933af8235ea81b7289c5443ca40]: Words in rule 2(2) inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 7

[^key-2b9addd1c57d39e8e87c7e7fbd7c2ab7]: Rule 92(4)(5) inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 10(c)

[^key-4d65137897011302b9bb41d80a56fdba]: Words in rule 92(1) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 10(a)

[^key-dd223f54f7e7e74acf77ab37f11d1fd0]: Words in rule 92(2) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 10(b)

[^key-0580617b4db15d0dd4d3f95009a472c3]: Rules 93A-93C inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 11

[^key-9fef6b9d8bc0bbe7b2514115fd10294d]: Rule 95A inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 14

[^key-e752f5aa5476443c89d784f238c0f980]: Words in rule 89(1) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 8(a)

[^key-1e87095df5ea6bac687b87ccc8c9191c]: Rule 34A inserted (1.1.2023) by The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022 (S.I. 2022/1263), rules 1(2), 5

[^key-e844739df70a7c712667624561851ce6]: Rules 30, 30A substituted for rule 30 (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 7

[^key-c2caccb7da5dcfc31a1b6246876f1e87]: Pt. 1A inserted (1.1.2023) by The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022 (S.I. 2022/1263), rules 1(2), 4

[^key-d735c7e01be8133098e4ec80cf5b8f61]: Words in rule 3(2) omitted (1.1.2023) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 4

[^key-09f576c389fb17af30223c831e271964]: Words in rule 25(2) inserted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 5

[^key-2a65dd89c45eaabe072e7d03ca44c134]: Word in rule 29 heading substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(2)

[^key-86650707196ea14e3580e7a29cda6398]: Word in rule 29(1) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(3)

[^key-ffcab41bcfc3af4ca19bdac76d3a7da6]: Word in rule 29(2)(b) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(4)(a)

[^key-f9766e7077ca79d84d929f94d7b7511a]: Word in rule 29(2)(c) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(4)(b)

[^key-ff3ba55f6f5f2406dfce0c22d0311ca5]: Word in rule 29(3)(b) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 6(5)

[^key-064cebf993fe46b4dd45d3cd834800d7]: Words in rule 31 heading inserted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 8(2)

[^key-4d12f0bba1e7f39e44c8e198b76cdab8]: Rule 31(1A) inserted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 8(3)(c)

[^key-c74b54a221c5c05c5eb741e18d624bda]: Words in rule 31(1) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 8(3)(a)

[^key-2ca38881e93c8f0324f5c9c2a1c649a0]: Words in rule 31(1) substituted (1.1.2023) by The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 8(3)(b)

[^key-74c32306e3d60c56f105298e71f410a0]: Rule 62(4)(5) substituted for rule 62(4) (1.1.2023) by The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022 (S.I. 2022/1263), rules 1(2), 6(3)

[^key-221e8e490d025b0be9550a762d75658e]: Rule 62(1) substituted (1.1.2023) by The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022 (S.I. 2022/1263), rules 1(2), 6(2)

[^key-f981866ff5bf983d35a7c6457aeb8f6e]: Pt. 18 Ch. 3 inserted (1.4.2023) by The Armed Forces (Driving Disqualification Orders) Regulations 2023 (S.I. 2023/209), regs. 1(2), 17

[^key-8cac5daac59fab4ff9e207d7f10f566c]: Rule 19(3) inserted (1.4.2023) by The Armed Forces (Driving Disqualification Orders) Regulations 2023 (S.I. 2023/209), regs. 1(2), 16

[^key-221f30b97214c07c88f9cdfd84b5c127]: Words in rule 108(1) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 18(b)

[^key-0ada9562d2bf10f61a005a9b9dda40e7]: Rule 108(A1) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 18(a)

[^key-48170abe74dabf88f2d8ba07d9c35817]: Words in rule 114(2)(d)(ii) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 19(a)

[^key-b1f0a246da14dbe2341f6486acd641b4]: Rule 114(2)(d)(iii) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 19(b)

[^key-95d0d03183061a38114703e74c691439]: Pt. 14A inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 14

[^key-6cbd586440781055d5953d08cba5f3c3]: Word in rule 29A omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 10(a)

[^key-2be949eb4659edba955c855bc6e94528]: Rule 29A(d) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 10(b)

[^key-c192ab4dc23eabc4330ce7aa7e4a9b44]: Word in rule 2(1) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 3(a)(i)

[^key-8a4ce7e50114e4c139638bd07672684d]: Rule 2(1)(h) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 3(a)(ii)

[^key-1253fb64bef1a6ea59c4dceea5c2d04d]: Words in rule 2(2) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 3(b)

[^key-8917730f8c79a4390269edfa28c2ba32]: Word in rule 2(4) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 3(c)(i)

[^key-c65d7327b8e3653c42ecdb6b63a10b55]: Rule 2(4)(k) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 3(c)(ii)

[^key-587640f29b1e7c38e03cc2d842363dbf]: Words in rule 17(1)(c) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 4

[^key-63f2fd005e842d09c648ca044a70e7a0]: Rule 20(2)(aa) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 5

[^key-f550a4219a5bfac762dd47562b19dfdd]: Words in rule 23(2)(c) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 6(a)

[^key-56104de7d9a693f2a187c7d04db31352]: Rule 23(5)(ba) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 6(b)

[^key-fef9bd616e0ada21bdbbaddfba3c8e64]: Rule 27(7) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 7

[^key-edba7ccab2ad570c6c7f4367d4bcfac0]: Word in rule 28(b) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 8(a)

[^key-0a51b96552f469c91c0c21b5f4dbbfe2]: Rule 28(b)(iv) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 8(b)

[^key-f41e4b87b14919c7262762ab7b6b1a0b]: Rule 29(5) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 9

[^key-94f46cfa57e1d63d19d2618f0e91566d]: Rule 32(4A) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 11(a)

[^key-95a05a71df473392ccd6fdc102956281]: Rule 32(8A) inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 11(b)

[^key-7ce97dd9ec04a6984bfd7bef43859c08]: Word in rule 33(5) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 12(a)

[^key-a8e54013b08e6505de3db0cc37a5c3e2]: Rule 33(5)(f) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 12(b)

[^key-54497782eb6262059bf73fdebac8d18a]: Word in rule 35(5) omitted (16.10.2024) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 13(a)

[^key-c574f654b731f5d26cdeb71f11cbc00e]: Rule 35(5)(c) and word inserted (16.10.2024) by The Armed Forces (Court Martial) (Amendment) Rules 2024 (S.I. 2024/1036), rules 1(2), 13(b)

[^key-a0216fbace3f656581bb2030bc67f5ec]: Word in rule 34(3) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(i)

[^key-db90f9c3c8361b3cc1af9d5ab70f73e7]: Word in rule 34(3)(a) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(ii)

[^key-3e4129f325f5118cbc6a496a4f931498]: Word in rule 34(3)(b) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(ii)

[^key-8c9d8b870db97c91f3e7838ed47a0298]: Word in rule 34(3)(c) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(iii)

[^key-3267cd7fd2044087dd03565e499a42b5]: Words in rule 34(3)(c) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(a)(iii)

[^key-ff60839fe6f35491606cc7ec11160ed9]: Rule 34(4) substituted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(b)

[^key-4783dc77efcfb12c9589b1bbf8b9534d]: Rule 34(5A) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(d)

[^key-3c964811370ca3d7941bd8643b48a9f4]: Rule 34(4A) inserted (20.2.2025) by The Armed Forces (Court Martial) (Amendment) Rules 2025 (S.I. 2025/187), rules 1(2), 2(c)

Disapplication of rule 29

29A

Rule 29 does not apply to—

• (a) sentencing proceedings where the sole defendant has entered a guilty plea before the commencement of trial proceedings;

• (b) sentencing proceedings where there are two or more co-defendants, and each co-defendant has entered a guilty plea before the commencement of trial proceedings; ...

• (c) variation proceedings where paragraph (a) or (b) applied to the sentencing proceedings in which the sentence which falls to be varied was imposed ; and

• (d) review of sentence proceedings where paragraph (a) or (b) applied to the sentencing proceedings in which the sentence which falls to be reviewed was imposed.

Additional lay members

Warrant officers

Persons ineligible for membership in particular circumstances

Civilians

The president of the board

Objections to lay members

Waiting members

Swearing of lay members

Judge advocate's power to direct lay members to withdraw

Certification of failure to comply with production order

151A

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

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

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

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

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

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

• (5) In this rule—

• “production order” means an order under paragraph 5 of Schedule 1 to the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009;the reference to the court’s powers to certify a failure to comply with a production order is to its powers under paragraph 11A(2) of that Schedule; and

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

Interpretation, translation and communication through an intermediary

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

Application and interpretation

100A

• (1) This Chapter applies to proceedings for—

• (a) an offence under section 20(1)(a) of the 2006 Act (unfitness for duty through alcohol or drugs);

• (b) an offence under section 20A of that Act (exceeding alcohol limit for prescribed safety-critical duties); or

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

• (2) In this Chapter “drug”, “medical establishment”, “service police establishment” and “service policeman” have the meanings given by section 93I of the 2006 Act.

Use of specimens

100B

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

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

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

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

• (i) in the case of an offence under section 20(1)(a) of the 2006 Act, or an offence under section 42 of that Act as respects which the corresponding offence under the law of England and Wales is an offence under section 78(2) of the Railways and Transport Safety Act 2003, would not have been such as to impair his ability to carry out the duty or duties in question;

• (ii) in the case of an offence under section 20A of the 2006 Act, would not have exceeded the relevant limit (within the meaning of that section);

• (iii) in the case of an offence under section 42 of the 2006 Act as respects which the corresponding offence under the law of England and Wales is an offence under subsection (2) of section 79 of the Railways and Transport Safety Act 2003, would not have been such as to impair his ability to take the action mentioned in subsection (1)(b) of that section;

• (iv) in the case of an offence under section 42 of the 2006 Act as respects which the corresponding offence under the law of England and Wales is an offence under section 92 of the Railways and Transport Safety Act 2003, would not have been such as to impair his ability to perform the function mentioned in subsection (1)(a) or (b) (as the case may be) of that section;

• (v) in the case of an offence under section 42 of the 2006 Act as respects which the corresponding offence under the law of England and Wales is an offence under section 78(3), 79(3) or 93 of the Railways and Transport Safety Act 2003, would not have exceeded the prescribed limit.

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

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

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

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

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

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

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

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

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

Documentary evidence as to specimens

100C

• (1) Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine may, subject to paragraphs (3) and (4) and to rule 100B(4) and (5), be given by the production of a document or documents purporting to be whichever of the following is appropriate, that is to say—

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

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

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

• (3) Subject to paragraph (4)—

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

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

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

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

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

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

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

22A

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

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

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

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

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

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

Record of proceedings

Exhibits

Termination of proceedings

Circumstances not provided for

Special provisions relating to a child witness

93A

• (1) Where the judge advocate is considering giving a special measures direction under rule 93(1) in relation to a child witness, the judge advocate must—

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

• (b) then have regard to rule 93(1);

and if the judge advocate is required by paragraphs (2) to (6) to give such a direction, any special measure which must be provided for in the direction under paragraph (2) or (4) is to be treated for the purposes of rule 93(1)(b), as it then applies to the witness, as one which is likely to improve the quality of evidence given by the witness (whether on its own or in combination with any other special measure).

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

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

• (a) the requirement contained in paragraph (2) has effect subject to rule 95(1);

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

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

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

• (5) The requirement in paragraph (4) is subject to the following limitations—

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

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

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

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

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

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

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

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

• (7) Where a special measures direction is given in relation to a child witness who is not also an eligible witness in accordance with rule 90(2), then—

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

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

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

• (8) Where a special measures direction is given in relation to a child witness who is not also an eligible witness in accordance with rule 90(2) and—

• (a) the direction provides—

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

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

• (b) if it provides for that special measure to so apply, the witness is still under the age of 18 when the video recording is made for the purposes of section 28;

then, so far as it provides as mentioned in sub-paragraph (a)(i) or (ii) above, the direction shall continue to have effect even though the witness subsequently attains that age.

• (9) In this rule—

• (a) a witness is a “child witness” if the witness is an eligible witness by reason of rule 90(1) (whether or not the witness is an eligible witness by reason of any other provision of rule 90 or 91); and

• (b) a relevant recording, in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

Extension of provisions of rule 93A to certain witnesses over 18

93B

• (1) Rule 93(1) and 93A(1) to (3) and (6), so far as relating to the giving of a direction complying with the requirement contained in rule 93A(2), apply to a qualifying witness in respect of a relevant recording made in relation to the witness, as they apply to a child witness (within the meaning of rule 93A).

• (2) In this rule—

• (a) a witness (other than the defendant) is a “qualifying witness” if the witness—

• (i) is not an eligible witness, but

• (ii) was under the age of 18 when the relevant recording was made in relation to the witness; and

• (b) a “relevant recording”, in relation to a witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

Special provisions relating to sexual offences

93C

• (1) This rule applies where in proceedings relating to a sexual offence or an offence of human trafficking for sexual exploitation (or to such an offence and other offences) the complainant in respect of that offence is a witness in the proceedings.

• (2) This rule does not apply if the offence is a summary offence.

• (3) This rule does not apply if the complainant is an eligible witness by reason of rule 90(1) (whether or not the complainant is an eligible witness by reason of any other provision of rule 90 or 91).

• (4) If a party to the proceedings makes an application for a special measures direction in relation to the complainant, the party may request that the direction provide for any relevant recording to be admitted under section 27 of the 1999 Act (video recorded evidence in chief).

• (5) Paragraph (6) applies if—

• (a) a party to the proceedings makes a request under paragraph (4) with respect to the complainant; and

• (b) the judge advocate determines for the purposes of rule 93(1) that the complainant is eligible for assistance by virtue of rule 90(2) or 91.

• (6) The judge advocate must —

• (a) first have regard to paragraphs (7) to (9); and

• (b) then have regard to rule 93(1);

and if the judge advocate is required by paragraphs (7) to (9) to give such a direction, any special measure which must be provided for in the direction under paragraph (2) is to be treated for the purposes of rule 93(1)(b), as it then applies to the witness, as one which is likely to improve the quality of evidence given by the witness (whether on its own or in combination with any other special measure).

• (7) The judge advocate must give a special measures direction in relation to the complainant that provides for any relevant recording to be admitted under section 27 of the 1999 Act.

• (8) The requirement in paragraph (7) has effect subject to rule 95(1).

• (9) The requirement in paragraph (7) does not apply to the extent that the judge advocate is satisfied that compliance with it would not be likely to improve the quality of the complainant’s evidence (whether because the application to that evidence or one or more other special measures available in relation to the complainant would have that result or for any other reason).

• (10) In this rule—

• (a) an “offence of human trafficking for sexual exploitation” is an offence under section 42 (criminal conduct) as respects which the corresponding offence under the law of England and Wales is—

• (i) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that includes behaviour within section 3(3) of that Act (meaning of exploitation);

• (ii) an offence of attempting or conspiring to commit an offence mentioned in sub-paragraph (i); or

• (iii) 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 mentioned in sub-paragraph (i);

• (b) a sexual offence or offence of human trafficking for sexual exploitation is a summary offence if the corresponding offence in respect of that offence for the purposes of section 42 is a summary offence under the law of England and Wales;

• (c) a “relevant recording”, in relation to a complainant, is a video recording of an interview of the complainant made with a view to its admission as the evidence in chief of the complainant.

Evidence given in private

Video recorded evidence in chief

Video recorded cross-examination or re-examination

95A

• (1) Where a special measures direction provides for a video recording to be admitted under section 28 of the 1999 Act (video recorded cross-examination or re-examination), such a recording must be made in the presence of such persons as the direction may provide and in the absence of the defendant, but in circumstances in which—

• (a) the judge advocate and legal representatives acting in the proceedings are able to see and hear the examination of the witness and to communicate with the persons in whose presence the recording is being made; and

• (b) the defendant is able to see and hear any such examination and to communicate with any legal representative acting for the defendant (and for this purpose any impairment of eyesight or hearing is to be disregarded).

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

• (3) Where a special measures direction provides for a recording to be admitted under section 28 of the 1999 Act, the judge advocate may nevertheless subsequently direct that it is not to be so admitted if any requirement of paragraph (1), these Rules or the direction has not been complied with to the satisfaction of the judge advocate.

• (4) Where in pursuance of section 28(1) of the 1999 Act a recording has been made of any examination of the witness, the witness may not be subsequently cross-examined or re-examined in respect of any evidence given by the witness in the proceedings (whether in any recording admissible under section 27 (video recorded examination in chief) or 28 of the 1999 Act or otherwise than in such a recording) unless the judge advocate gives a further special measures direction making such provision as is mentioned in section 28(1)(a) and (b) of the 1999 Act in relation to any subsequent cross-examination, and re-examination, of the witness.

• (5) The judge advocate may only give such a further direction if it appears to the judge advocate—

• (a) that the proposed cross-examination is sought by a party to the proceedings as a result of that party having become aware, since the time when the original recording was made in pursuance of section 28(1) of the 1999 Act, of a matter which that party could not with reasonable diligence have ascertained by then; or

• (b) that for any other reason it is in the interests of justice to give further direction.

• (6) Nothing in this rule shall be read as applying in relation to any cross-examination of the witness by the defendant in person (in a case where the defendant is to be able to conduct any such cross-examination).

Examination of witness through intermediary

Application for special measures direction: general

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

Variation or discharge of special measures direction

Warning to lay members

PART1A — THE OVERRIDING OBJECTIVE

The overriding objective

3A

• (1) The overriding objective of these Rules is that cases be dealt with justly.

• (2) Dealing with a case justly includes—

• (a) acquitting the innocent and convicting the guilty;

• (b) treating all participants with politeness and respect;

• (c) dealing with the prosecution and defence fairly;

• (d) recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human Rights;

• (e) respecting the interests of witnesses, victims and lay members (if any) and keeping them informed of the progress of the case;

• (f) dealing with the case efficiently and expeditiously;

• (g) ensuring that appropriate information is available to a judge advocate or the court when either custody before or after charge or sentence are considered; and

• (h) dealing with the case in ways that take into account—

• (i) the gravity of the offence alleged;

• (ii) the complexity of what is in issue;

• (iii) the severity of the consequences for the defendant and others affected;

• (iv) the needs of other cases; and

• (v) the need to maintain the operational effectiveness of Her Majesty’s forces.

• (3) In this rule “custody before or after charge” means the keeping of the accused in service custody under Part 4 of the 2006 Act.

The duty of the participants in a case

3B

• (1) Each participant, in the conduct of each case, must—

• (a) prepare and conduct the case in accordance with the overriding objective;

• (b) comply with these Rules and any directions relating to the case given by a judge advocate or the court;

• (c) at once inform the court and all parties of any significant failure (whether or not that participant is responsible for that failure) to take any procedural step required by these Rules or any direction. A failure is significant if it might hinder the court in furthering the overriding objective.

• (2) Anyone involved in any way with a case is a participant in its conduct for the purposes of this rule.

The application by the court of the overriding objective

3C

The court or the judge advocate for any proceedings before the court must further the overriding objective, in particular when—

• (a) exercising any power given to the court or the judge advocate by legislation (including these Rules); or

• (b) interpreting any rule.

Proceedings requiring six lay members

Proceedings with four lay members

Reduction in lay members

30A

A judge advocate may direct that the Court Martial is to remain validly constituted despite the reduction of lay members from six to five, or where a direction has been made under section 155(2A), from four to three if—

• (a) the number of lay members reduces in the course of the proceedings after each of the lay members has been sworn; and

• (b) the judge advocate considers it in the interests of justice that the proceedings continue.

Warrant officers and OR-7s

Persons ineligible for membership in particular circumstances

Civilians

The president of the board

Gender representation on boards

34A

• (1) When the court administration officer specifies the lay members for any proceedings the court administration officer must ensure, so far as is reasonably practicable, that—

• (a) at least one lay member is a woman; and

• (b) at least one lay member is a man.

• (2) This rule does not apply if the court administration officer is specifying lay members for proceedings for which (by virtue of rule 33) no lay member is subject to service law.

Objections to lay members

Waiting members

Swearing of lay members

Judge advocate's power to direct lay members to withdraw

Chapter 3 — Driving Disqualification Orders

Application to remove a disqualification

151B

• (1) This rule applies where under regulation 8 of the Armed Forces (Driving Disqualification Orders) Regulations 2023 (the “Driving Disqualification Order Regulations”), on application by the offender, the court can remove a driving disqualification order.

• (2) An offender who wants the court to exercise that power must—

• (a) apply in writing, no earlier than the date prescribed by regulation 8(4) of the Driving Disqualification Order Regulations,

• (b) serve the application on the court administration officer,

• (c) in the application set out—

• (i) the date on which the driving disqualification order was made and the disqualification period,

• (ii) the offence for which it was imposed, and

• (iii) the reasons the offender seeks removal of the driving disqualification order.

• (3) The court administration officer must serve a copy of the application on the Director.

• (4) A hearing must be held to determine the application.

Information to be supplied on order for disqualification, etc.

151C

• (1) This rule applies where the court—

• (a) disqualifies the offender from driving, or

• (b) suspends or removes a driving disqualification order.

• (2) The court administration officer must, as soon as reasonably practicable, serve on the Secretary of State notice that includes details of—

• (a) where paragraph (1)(a) applies—

• (i) the date on which the driving disqualification order was made and the disqualification period;

• (ii) the power exercised by the court;

• (b) where paragraph (1)(b) applies—

• (i) the date on which the driving disqualification order was made and the disqualification period;

• (ii) the date and terms of the order for its suspension or removal;

• (iii) the power exercised by the court;

• (iv) where the court suspends the disqualification pending appeal, the court to which the offender has appealed.

Part 14A — Review of sentence proceedings

Application of Part 14A

117A

This Part applies in relation to review of sentence proceedings.

Review of sentence

117B

Where, on a single occasion, the court passes two or more sentences on a person, an application for review of any of those sentences is to be treated as an application in respect of both or all of them.

Dispute on facts

117C

• (1) Where a case has been referred back to the court under section 304D or section 304E and there are disputed facts within the subject matter of the review of sentence proceedings, 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 is to 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 is to be announced by the judge advocate.

Attendance of lay members by live link

117D

A lay member may attend review of sentence proceedings by live link, as defined by rule 18(3)(a).

Decision on review of sentence

117E

In the case of an equality of votes on whether the sentence should be changed following the review, or if so how, the judge advocate has a casting vote.

Pronouncement of sentence

117F

Subject to section 304F (sections 304C to 304E: statements in open court), rule 117 (pronouncement of sentence) and sections 252 (duty to give reasons and explain sentence) and 253(2) (duties in complying with section 252) apply in relation to the court’s decision as to whether or not to review the sentence as they apply to the passing of a sentence.

Effect of review of sentence

117G

Unless the court otherwise directs, any sentence substituted by the court under sections 304D(6)(b) or 304E(4) begins to run from the time that the original sentence began to run.