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Statutory Instruments

2007 No. 3442

defence

The Courts-Martial (Army) Rules 2007

Made

6th December 2007

Laid before Parliament

10th December 2007

Coming into force

1st January 2008

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

    3. 3. Service on an accused

  2. PART 2

    PROSECUTION OF OFFENCES

    1. 4. Referring a case to the prosecuting authority

    2. 5. Withdrawal of election in a multiple charge case

    3. 6. Formal preliminary examination

    4. 7. Conduct of formal preliminary examination

    5. 8. Referring back in a multiple charge case before charges are preferred

    6. 9. Charge sheet

    7. 10. Charges and joinder

    8. 11. Notifying the accused’s commanding officer

    9. 12. Notifying the court administration officer

    10. 13. Notification of proceedings

    11. 14. Discontinuing proceedings before arraignment

    12. 15. Description of the court-martial

    13. 16. Referring back in a multiple charge case after charges already preferred

    14. 17. Amending charges and additional charges before arraignment

  3. PART 3

    COURT ADMINISTRATION

    1. 18. Delegation of the court administration officer’s functions

    2. 19. Appointment of court officials

    3. 20. Notification of time and place for hearing of the proceedings

    4. 21. Ineligibility for membership of courts-martial

  4. PART 4

    WITNESSES

    1. 22. Notification of witnesses

    2. 23. Witness not called by the prosecuting authority

    3. 24. Issue of witness summons on application to a judge advocate

    4. 25. Application for witness summons to produce a document, etc: special rules

    5. 26. Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality

    6. 27. Power to require advance production

    7. 28. Issue of witness summons of the judge advocate’s own motion

    8. 29. Witness summons no longer needed

    9. 30. Application to withdraw a witness summons

    10. 31. Issue of witness summons and variation of requirements

    11. 32. Service of witness summonses

  5. PART 5

    EVIDENCE

    1. 33. Procedure for the admission of evidence of bad character

    2. 34. Procedure for the admission of hearsay evidence

    3. 35. Additional evidence

  6. PART 6

    PRELIMINARY PROCEEDINGS

    1. 36. Preliminary hearing

    2. 37. Preliminary hearing in open court

    3. 38. Preliminary hearing without notice to the accused

    4. 39. Challenges and oaths at a preliminary hearing

    5. 40. Substance of a preliminary hearing

  7. PART 7

    ARRAIGNMENT

    1. 41. Arraignment

    2. 42. Severance

    3. 43. Guilty plea

    4. 44. Alternative charges

    5. 45. Procedure after not guilty plea

    6. 46. Procedure after guilty plea

    7. 47. Pleas of guilty and not guilty on one charge sheet

  8. PART 8

    PROCEEDINGS AT COURT-MARTIAL

    1. 48. Dispute on facts after plea of guilty

    2. 49. Change of plea

    3. 50. Additional charges after arraignment

    4. 51. Changes to the charge sheet after arraignment

    5. 52. Changes to the charge sheet by the judge advocate

  9. PART 9

    GENERAL MATTERS

    1. 53. Conduct of the defence

    2. 54. The judge advocate

    3. 55. The president of the board

    4. 56. Sittings and adjournments

    5. 57. Record of proceedings

    6. 58. Challenges by the accused

    7. 59. Oaths and affirmations

  10. PART 10

    PROCEEDINGS AT TRIAL

    1. 60. Commencement of the trial

    2. 61. Judge advocate sitting alone

    3. 62. Opening address

    4. 63. Additional evidence during trial

    5. 64. Expert evidence

    6. 65. Exhibits

    7. 66. Presence of witnesses

    8. 67. Evidence through live television

    9. 68. Examination of witnesses

    10. 69. Submission of no case to answer

    11. 70. Finding of not guilty before conclusion of the defence

    12. 71. The case for the defence

    13. 72. Witnesses for the defence

    14. 73. Further evidence

    15. 74. Closing addresses

    16. 75. Summing up

    17. 76. Deliberation on finding

    18. 77. Special finding

    19. 78. Record of finding

    20. 79. Offences taken into consideration

  11. PART 11

    SENTENCING

    1. 80. Sentencing procedure after guilty plea

    2. 81. Pre-sentence report and previous convictions

    3. 82. Evidence before sentencing

    4. 83. Evidence on behalf of the accused

    5. 84. Deliberation on sentence

    6. 85. Postponement of deliberation on sentence

    7. 86. Announcement of sentence

    8. 87. Conclusion of the proceedings

  12. PART 12

    REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

    1. 88. The petition

    2. 89. Reasons

  13. PART 13

    MISCELLANEOUS

    1. 90. Appeal to the Courts-Martial Appeal Court

    2. 91. Application of the rules to civilians

    3. 92. Bankers’ Books Evidence Act 1879

    4. 93. Custody of the record

    5. 94. Circumstances not provided for

    6. 95. Revocations and transitional proceedings

    1. SCHEDULE 1

      CHARGES AND JOINDER

      1. PART 1

        RULES

      2. PART 2

        FORM

    2. SCHEDULE 2

      FORMS

    3. SCHEDULE 3

      PRELIMINARY HEARING

    4. SCHEDULE 4

      OATHS AND AFFIRMATIONS

      1. PART 1

        MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

      2. PART 2

        FORMS OF OATH

      3. PART 3

        FORM OF SCOTTISH OATHS

      4. PART 4

        FORM OF SOLEMN AFFIRMATIONS

    5. SCHEDULE 5

      GUIDANCE FOR PETITIONERS

    6. SCHEDULE 6

      CIVILIANS

      1. PART 1

        MODIFICATIONS FOR CIVILIANS

      2. PART 2

        ADDITIONAL RULES FOR CIVILIANS

      3. PART 3

        APPEALS FROM STANDING CIVILIAN COURTS

    7. SCHEDULE 7

      REVOCATIONS

Go to Explanatory Note

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 103 and section 209(3D) of the Army Act 1955(1), and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) pf Schedule 7 to, the Criminal Justice Act 2003(2):

(1)

1955 c. 18; by virtue of section 378 of, and paragraph 21 of Schedule 16 to, the Armed Forces Act 2006 (2006 c.52) rules under section 103 of the Act may make provision for orders and rulings by a judge advocate at which an accused is arraigned; section 209(3D) of the Act, as amended by the Armed Forces (Alignment of Service Discipline Acts) Order 2007/1859, allows rules under section 103 of the Act to make provision for persons other than military officers or military warrant officers to be appointed to courts-martial. Back [1]

(2)

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” includes 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, “service court” includes a court-martial and “court-martial” includes a court-martial convened under the Army Act 1955. Back [2]

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