The Secretary of State, in exercise of the powers conferred on him by sections 52I(10), 53A, 58, 60(5), 61(5) and 70 of the Naval Discipline Act 1957[1], hereby makes the following Rules: -
Citation and commencement
1 . These Rules may be cited as the Courts-Martial (Royal Navy) Rules 1997 and shall come into force on 1st April 1997.
Interpretation
2 . In these Rules -
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"accused's friend" shall be construed in accordance with rule 13;
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"the Act" means the Naval Discipline Act 1957;
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"commanding officer", in relation to an accused, means the officer who is for the time being in immediate command of the ship or naval establishment to which the accused belongs;
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"commencement of the trial" shall be construed in accordance with rule 34;
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"hearing for directions" shall be construed in accordance with rule 22;
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"the judge advocate" -
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(i) in relation to a court-martial, means the judge advocate appointed by or on behalf of the Chief Naval Judge Advocate to be a member of the court-martial;
(ii) in relation to a hearing for directions, means the judge advocate appointed under rule 9(1)(a);
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"pre-trial hearing" shall be construed in accordance with rule 25;
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"the prosecutor" means the prosecuting authority or any prosecuting officer appointed by the prosecuting authority;
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"prosecution papers" has the meaning assigned to it in rule 7; and
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"special finding" shall be construed in accordance with rule 63.
Service on an accused
3
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- (1) Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused by the court administration officer or the prosecutor, it may be served -
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(a) by sending it to the commanding officer of the accused;
(b) by delivering it to the accused personally;
(c) by leaving it for the accused with a person at the accused's usual place of abode; or
(d) by post in a letter addressed to the accused at his last known or usual place of abode.
(2) Where a document or notice is received by the commanding officer in accordance with paragraph (1)(a) above, he shall serve it on the accused as soon as is practicable.
Notes:
[1] 1957 c.53; sections 52I(10), 53A, and 61(5) were inserted by, section 58 was substituted by, and section 60(5) was amended by the Armed Forces Act 1996 (c.46), section 5 and Schedule 1. Section 70 was substituted by the Armed Forces Act 1996, section 16 and Schedule 5. back
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