Statutory Instrument 1997 No. 170

      The Courts-Martial (Royal Navy) Rules 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS

1997 No. 170

DEFENCE

The Courts-Martial (Royal Navy) Rules 1997

  Made 12th February 1997 
  Laid before Parliament 14th February 1997 
  Coming into force 1st April 1997 


TABLE OF ARRANGEMENT

PART I

Preliminary
1. Citation and commencement
2. Interpretation
3. Service on an accused

PART II

Prosecution of Offences
4. Referring a case to the prosecuting authority
5. Charge sheet
6. Charges and joinder
7. Notifying the accused's commanding officer
8. Notifying the court administration officer
9. Appointment of judge advocate
10. Notification of trial
11. Discontinuing proceedings before trial
12. Amending charges and additional charges before trial

PART III

General Matters
13. Conduct of the defence
14. Ordering the court
15. Ineligibility for membership of courts-martial
16. Appointment of court officials
17. Delegation of the court administration officer's functions
18. Additional evidence before trial
19. Witnesses not called by the prosecutor
20. Transcript of interview
21. Witness summons

PART IV

Hearing for Directions
22. Convening a hearing for directions
23. Hearing for directions in chambers
24. Substance of a hearing for directions

PART V

Proceedings at Court-Martial
25. Pre-trial hearing
26. Challenges and oaths at a pre-trial hearing
27. Substance of a pre-trial hearing
28. President and members
29. The judge advocate
30. Judge advocate sitting alone
31. Challenges by the accused
32. Oaths and affirmations
33. Administration of oaths and affirmations
34. Commencement of the trial
35. Severance
36. Plea to the charge
37. Guilty plea
38. Alternative charges
39. Additional charges during trial
40. Changes to the charge sheet during trial
41. Changes to the charge sheet by the court
42. Procedure after guilty plea
43. Mixed pleas
44. Dispute on facts after guilty plea
45. Change of plea
46. Procedure after not guilty plea
47. Additional evidence during trial
48. Expert evidence
49. Exhibits
50. Presence of witnesses
51. Evidence through television link
52. Video recordings of testimony from child witnesses
53. Examination of witnesses
54. Questioning by the court
55. Recall of witnesses
56. Submission of no case to answer
57. Finding of not guilty before conclusion of the defence
58. The case for the defence
59. Witnesses for the defence
60. Further evidence
61. Closing addresses
62. Summing up
63. Special finding
64. Deliberation on finding
65. Record of finding

PART VI

Sentencing
66. Pre-sentence report
67. Evidence before sentencing
68. Evidence on behalf of the accused
69. Offences taken into consideration
70. Deliberation on sentence
71. Postponement of deliberation on sentence
72. Announcement of sentence
73. Conclusion of the trial

PART VII

Review of Court-Martial Finding and Sentence
74. The petition
75. Decision on review

PART VIII

Miscellaneous
76. Bankers' Books Evidence Act 1879
77. Record of proceedings
78. Circumstances not provided for
79. Revocation and savings

SCHEDULES
  Schedule 1 -  Charges and joinder
  Part I: Rules
  Part II: Form
  Schedule 2 -  Forms
  Schedule 3 -  Hearing for directions
  Schedule 4 -  Oaths and affirmations
  Part I: Manner of administering oaths and affirmations
  Part II: Forms of oath
  Part III: Form of Scottish oaths
  Part IV: Form of solemn affirmations

  continue
 
 

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© Crown copyright 1997
Prepared 12 March 1997