Introductory Text
PART 1
1.Citation and commencement
2.Interpretation: proceedings and parties
3.Interpretation: general
PART 2
4.Interpretation of Part 2
5.Service on a person to whom proceedings relate
6.Service on the court administration officer
7.Service on the Director
8.Service on other individuals
9.Service on a corporation
10.Service by another method
11.Service by commanding officer
12.Service by fax or electronic means
13.Date of service
14.Proof of service
PART 3
15.The court administration officer
16.Listing of proceedings
17.Notification of proceedings
18.Live links
19.Proceedings in absence of defendant etc
20.Oaths and affirmations
21.Interpreters
22.Record of proceedings
23.Exhibits
24.Termination of proceedings
25.Circumstances not provided for
PART 4
26.Legal representatives
27.Parent or guardian of young civilian
PART 5
28.Arrest by service police etc before arraignment
29.Warrant for arrest by civilian police
PART 6
30.Service of advance information
31.Information as to possibility of activation order etc
PART 7
32.Listing of initial preliminary proceedings
33.Listing of further preliminary proceedings
34.Preliminary proceedings in chambers without notice to defendant
35.Outline of prosecution case
36.Powers of the court at a preliminary hearing
PART 8
37.Joinder of charges
38.Severance of charges
39.Severance of defendants
40.Amendment of charges
41.Consequences of exercise of powers under this Part
PART 9
42.Consideration of trial by the Court Martial
PART 10
43.Arraignment
44.Order that charge lie on the file
45.Offer of no evidence
46.Change of plea
47.Powers of Director after arraignment
PART 11
48.Notification of witnesses
49.Issue of witness summons on application to a judge advocate
50.Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality
51.Issue of witness summons of judge advocate’s own motion
52.Application to withdraw a witness summons
53.Oral applications
54.Further process to secure attendance of witness
55.Review of custody of witness
56.Entitlement to witness expenses
PART 12
CHAPTER 1
57.Application and interpretation of Part 12
58.Rules of evidence
59.Oral testimony to be given on oath
60.Proof by written statement
61.Proof by formal admission
62.Use of documents to refresh memory
CHAPTER 2
63.Notice of intention to adduce evidence of a defendant’s bad character
64.Application to exclude evidence of a defendant’s bad character
65.Application for leave to adduce evidence of the bad character of a non-defendant
CHAPTER 3
66.Notice of intention to adduce hearsay evidence
67.Counter-notice objecting to the admission of hearsay evidence
CHAPTER 4
68.Evidence of enlistment
69.Evidence as to service etc
70.Service records
71.Defence Council instructions, regulations and certificates
72.Standing or routine orders
CHAPTER 5
73.Expert evidence
CHAPTER 6
74.Interpretation of Chapter 6
75.Witnesses eligible for assistance on grounds of age or incapacity
76.Witnesses eligible for assistance on grounds of fear or distress about testifying
77.Special measures available
78.Special measures direction relating to eligible witness
79.Evidence given in private
80.Video recorded evidence in chief
81.Examination of witness through intermediary
82.Application for special measures direction: general
83.Application for special measures direction permitting admission of video recorded evidence in chief
84.Variation or discharge of special measures direction
PART 13
85.Opening address
86.Examination of witnesses
87.Presence of witnesses
88.Submission of no case to answer
89.The case for the defence
90.Finding of not guilty before conclusion of the defence
91.Closing addresses
92.Announcement of findings
PART 14
93.Application and interpretation of Part 14
94.Dispute on facts after plea of guilty
95.Pre-sentence report and previous convictions
96.Information before sentencing
97.Offences taken into consideration
98.Mitigation of sentence
99.Pronouncement of sentence
PART 15
100.Application and interpretation of Chapter 1
101.Breach of requirements: application for summons or warrant
102.Breach of requirements: arrest under warrant
103.Review of custody
104.Revocation of order with or without re-sentencing
105.Amendment of requirements
106.Extension of unpaid work requirement
107.Remission of fine
108.Certification of contempt of court
PART 16
109.Proceedings in camera
110.Withholding of matter from the public in proceedings before the court
PART 17
111.Supreme Court of Northern Ireland
112.Transitional
Signature
SCHEDULE 1
OATHS AND AFFIRMATIONS
The words prescribed are— (a) for witnesses, “… the evidence...
SCHEDULE 2
TRANSITIONAL AND TRANSITORY PROVISIONS
PART 1 GENERAL
1.Interpretation
2.Record of Standing Civilian Court proceedings
PART 2 STEPS TAKEN BEFORE COMMENCEMENT
3.Service of documents
4.Court administration officers
5.Prosecuting officers
6.Legal representatives
7.Arraignment
8.Directions etc
PART 3 EVIDENCE
9.Proof by written statement
10.Evidence of enlistment or entry for service
11.Documents signed by or on behalf of a person’s commanding officer
12.Special measures
PART 4 SENTENCING
13.Activation of suspended sentence of imprisonment
14.SDA conditional discharge orders
15.Community supervision orders
Explanatory Note