UK Statutory Instrument SI 2009/2041 United Kingdom

The Armed Forces (Court Martial) Rules 2009

Status
In Force

What it defines

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

192 other provisions — procedural and definitional
s.art001 Citation and commencement
s.art002 Interpretation: proceedings and parties
s.art003 Interpretation: general
s.art004 Interpretation of Part 2
s.art005 Service on a person to whom proceedings relate
s.art006 Service on the court administration officer
s.art007 Service on the Director
s.art008 Service on other individuals
s.art009 Service on a corporation
s.art010 Service by another method
s.art011 Service by commanding officer
s.art012 Service by fax or electronic means
s.art013 Date of service
s.art014 Proof of service
s.art015 The court administration officer
s.art016 Listing of proceedings
s.art017 Notification of proceedings
s.art018 Live links
s.art019 Proceedings in absence of defendant etc
s.art020 Deliberation in private
s.art021 Oaths and affirmations
s.art022 Interpretation, translation and communication through an intermediary
s.art022 Interpretation and translation for persons other than a person to whom proceedings relate
s.art023 Record of proceedings
s.art024 Exhibits
s.art025 Termination of proceedings
s.art026 Circumstances not provided for
s.art027 Proceedings without lay members
s.art028 Powers that may be exercised by a judge advocate
s.art029 Proceedings requiring six lay members
s.art029 Disapplication of rule 29
s.art030 Proceedings with four lay members
s.art030 Reduction in lay members
s.art031 Warrant officers and OR-7s
s.art032 Persons ineligible for membership in particular circumstances
s.art033 Civilians
s.art034 The president of the board
s.art034 Gender representation on boards
s.art035 Objections to lay members
s.art036 Waiting members
s.art037 Swearing of lay members
s.art038 Judge advocate's power to direct lay members to withdraw
s.art039 Legal representatives
s.art040 Parent or guardian of young civilian
s.art041 Arrest by service police etc before arraignment
s.art042 Warrant for arrest by civilian police
s.art043 Service of advance information
s.art044 Information as to possibility of activation order etc
s.art045 Listing of initial preliminary proceedings
s.art046 Listing of further preliminary proceedings
s.art047 Preliminary proceedings in chambers without notice to defendant
s.art048 Outline of prosecution case
s.art049 Powers of judge advocate
s.art050 Appeals
s.art051 Joinder of charges
s.art052 Severance of charges
s.art053 Severance of defendants
s.art054 Amendment of charges
s.art055 Consequences of exercise of powers under this Part
s.art056 Arraignment
s.art057 Order that charge lie on the file
s.art058 Offer of no evidence
s.art059 Change of plea
s.art060 Powers of Director after arraignment
s.art061 Retrial authorised by Appeal Court
s.art062 Notification of witnesses
s.art063 Issue of witness summons on application to a judge advocate
s.art064 Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
s.art065 Issue of witness summons of judge advocate's own motion
s.art066 Application to withdraw a witness summons
s.art067 Oral applications
s.art068 Further process to secure attendance of witness
s.art069 Review of custody of witness
s.art070 Entitlement to witness expenses
s.art071 Order for inspection of banker's books
s.art072 Application and interpretation of Part 12
s.art073 Rules of evidence
s.art074 Oral testimony to be given on oath
s.art075 Proof by written statement
s.art076 Proof by formal admission
s.art077 Use of documents to refresh memory
s.art078 Notice of intention to adduce evidence of a defendant's bad character
s.art079 Application to exclude evidence of a defendant's bad character
s.art080 Application for leave to adduce evidence of the bad character of a non-defendant
s.art081 Notice of intention to adduce hearsay evidence
s.art082 Counter-notice objecting to the admission of hearsay evidence
s.art083 Evidence of enlistment
s.art084 Evidence as to service etc
s.art085 Service records
s.art086 Defence Council instructions, regulations and certificates
s.art087 Standing or routine orders
s.art088 Expert evidence
s.art089 Interpretation of Chapter 6
s.art090 Witnesses eligible for assistance on grounds of age or incapacity
s.art091 Witnesses eligible for assistance on grounds of fear or distress about testifying
s.art092 Special measures available
s.art093 Special measures direction relating to eligible witness
s.art093 Special provisions relating to a child witness
s.art093 Extension of provisions of rule 93A to certain witnesses over 18
s.art093 Special provisions relating to sexual offences
s.art094 Evidence given in private
s.art095 Video recorded evidence in chief
s.art095 Video recorded cross-examination or re-examination
s.art096 Examination of witness through intermediary
s.art097 Application for special measures direction: general
s.art098 Application for special measures direction permitting admission of video recorded evidence in chief
s.art099 Variation or discharge of special measures direction
s.art100 Warning to lay members
s.art100 Application and interpretation
s.art100 Use of specimens
s.art100 Documentary evidence as to specimens
s.art101 Opening addresses
s.art102 Examination of witnesses
s.art103 Presence of witnesses
s.art104 Submission of no case to answer
s.art105 The case for the defence
s.art106 Finding of not guilty before conclusion of the defence
s.art107 Closing addresses
s.art108 Summing up
s.art109 Deliberation on findings
s.art110 Announcement of findings
s.art111 Application and interpretation of Part 14
s.art112 Dispute on facts after plea of guilty
s.art113 Pre-sentence report and previous convictions
s.art114 Information before sentencing
s.art115 Offences taken into consideration
s.art116 Mitigation of sentence
s.art117 Pronouncement of sentence
s.art117 Application of Part 14A
s.art117 Review of sentence
s.art117 Dispute on facts
s.art117 Attendance of lay members by live link
s.art117 Decision on review of sentence
s.art117 Pronouncement of sentence
s.art117 Effect of review of sentence
s.art118 Power to vary sentence
s.art119 Direction that variation proceedings be held
s.art120 Direction that variation proceedings be held without lay members
s.art121 Attendance of lay members by live link
s.art122 Decision on variation of sentence
s.art123 Announcement of sentence as varied
s.art124 Power to order offender's release from custody
s.art125 Notice of appeal
s.art126 Extension of initial period
s.art127 Leave to appeal out of time
s.art128 Application of Act and Rules to appellate proceedings
s.art129 Abandonment of appeal
s.art130 Interpretation of Part 17
s.art131 Offence committed during operational period of suspended sentence of imprisonment
s.art132 Offence committed during operational period of suspended sentence of service detention
s.art133 Offence committed during release period of detention and training order
s.art134 Application for activation proceedings
s.art135 Warrant for offender's arrest
s.art136 Review of custody
s.art137 Disclosure by Director
s.art138 Procedure in activation proceedings
s.art139 Application and interpretation of Chapter 1
s.art140 Breach of requirements: application for summons or warrant
s.art141 Breach of requirements: arrest under warrant
s.art142 Revocation of order with or without re-sentencing
s.art143 Amendment of requirements
s.art144 Extension of unpaid work requirement
s.art145 Review of service compensation order
s.art146 Application for time to pay financial penalty
s.art147 Remission of fine
s.art148 Remission of case by Appeal Court for consideration of service restraining order
s.art149 Variation or revocation of service restraining order
s.art150 Variation or revocation of order for recognizance
s.art151 Certification of contempt of court
s.art151 Certification of failure to comply with production order
s.art151 Application to remove a disqualification
s.art151 Information to be supplied on order for disqualification, etc.
s.art152 Proceedings in camera
s.art153 Withholding of matter from the public in proceedings before the court
s.art154 Appeals
s.art155 Interpretation
s.art156 Charge referred to Director following election on another charge
s.art157 Powers of the Director
s.art158 Sentence where charge added to, or substituted for, election charge
s.art159 Sentence where charge referred following election on another charge
s.art160 Multiple relevant offences: application of section 165(4)
s.art161 Sentence for multiple relevant offences
s.art162 Multiple relevant offences: powers of Appeal Court
s.art163 Offences associated with a relevant offence
s.art164 Activation of suspended sentence of detention
s.art165 Service restraining orders
s.art166 Review of unduly lenient sentence
s.art167 Supreme Court of Northern Ireland
s.art168 Transitional
s.rule 3a The overriding objective
s.rule 3b The duty of the participants in a case
s.rule 3c The application by the court of the overriding objective
Schedules

Schedules

0 of 34 shown
34 other schedules
s.sch001 The words prescribed are— (a) for lay members in trial...
s.sch002 Interpretation
s.sch002 Proof by written statement
s.sch002 Evidence of enlistment or entry for service
s.sch002 Documents signed by or on behalf of a person's commanding officer
s.sch002 Special measures
s.sch002 SDA offences
s.sch002 Activation of suspended sentence of imprisonment
s.sch002 SDA conditional discharge orders
s.sch002 Community supervision orders
s.sch002 Variation proceedings
s.sch002 Power to order offender's release from custody
s.sch002 Record of court-martial proceedings
s.sch002 Appeal from a Standing Civilian Court
s.sch002 Activation proceedings in respect of a suspended sentence of detention under NDA 1957
s.sch002 Review of stoppages or SDA compensation order
s.sch002 Application for time to pay financial penalty
s.sch002 Variation or revocation of order for recognizance
s.sch002 Interpretation
s.sch002 Application of Part 20 to SDA elections
s.sch002 Charge referred to higher authority following election for court-martial trial on another charge
s.sch002 Powers of the Director
s.sch002 Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b)
s.sch002 Persons ineligible for membership in particular circumstances
s.sch002 Sentence where charge referred following SDA election on another charge
s.sch002 Multiple relevant offences where election under AA 1955
s.sch002 Sentence for multiple relevant offences
s.sch002 Activation of suspended SDA sentence of detention
s.sch002 Service of documents
s.sch002 Court administration officers
s.sch002 Prosecuting officers
s.sch002 Legal representatives
s.sch002 Arraignment
s.sch002 Directions etc

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.