UK Statutory Instrument
2009
United Kingdom
The Armed Forces (Court Martial) Rules 2009
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 34 other Schedules — structural / supplementary
Interpretation
Proof by written statement
Evidence of enlistment or entry for service
Documents signed by or on behalf of a person's commanding officer
Special measures
SDA offences
Activation of suspended sentence of imprisonment
SDA conditional discharge orders
Community supervision orders
Variation proceedings
Power to order offender's release from custody
Record of court-martial proceedings
Appeal from a Standing Civilian Court
Activation proceedings in respect of a suspended sentence of detention under NDA 1957
Review of stoppages or SDA compensation order
Application for time to pay financial penalty
Variation or revocation of order for recognizance
Interpretation
Application of Part 20 to SDA elections
Charge referred to higher authority following election for court-martial trial on another charge
Powers of the Director
Sentence for an SDA election offence relevant by virtue of section 165(1)(a) or (b)
Persons ineligible for membership in particular circumstances
Sentence where charge referred following SDA election on another charge
Multiple relevant offences where election under AA 1955
Sentence for multiple relevant offences
Activation of suspended SDA sentence of detention
Service of documents
Court administration officers
Prosecuting officers
Legal representatives
Arraignment
Directions etc
Browse 192 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation: proceedings and parties
Interpretation: general
Interpretation of Part 2
Service on a person to whom proceedings relate
Service on the court administration officer
Service on the Director
Service on other individuals
Service on a corporation
Service by another method
Service by commanding officer
Service by fax or electronic means
Date of service
Proof of service
The court administration officer
Listing of proceedings
Notification of proceedings
Live links
Proceedings in absence of defendant etc
Deliberation in private
Oaths and affirmations
Interpretation, translation and communication through an intermediary
Interpretation and translation for persons other than a person to whom proceedings relate
Record of proceedings
Exhibits
Termination of proceedings
Circumstances not provided for
Proceedings without lay members
Powers that may be exercised by a judge advocate
Proceedings requiring six lay members
Disapplication of rule 29
Proceedings with four lay members
Reduction in lay members
Warrant officers and OR-7s
Persons ineligible for membership in particular circumstances
Civilians
The president of the board
Gender representation on boards
Objections to lay members
Waiting members
Swearing of lay members
Judge advocate's power to direct lay members to withdraw
Legal representatives
Parent or guardian of young civilian
Arrest by service police etc before arraignment
Warrant for arrest by civilian police
Service of advance information
Information as to possibility of activation order etc
Listing of initial preliminary proceedings
Listing of further preliminary proceedings
Preliminary proceedings in chambers without notice to defendant
Outline of prosecution case
Powers of judge advocate
Appeals
Joinder of charges
Severance of charges
Severance of defendants
Amendment of charges
Consequences of exercise of powers under this Part
Arraignment
Order that charge lie on the file
Offer of no evidence
Change of plea
Powers of Director after arraignment
Retrial authorised by Appeal Court
Notification of witnesses
Issue of witness summons on application to a judge advocate
Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality
Issue of witness summons of judge advocate's own motion
Application to withdraw a witness summons
Oral applications
Further process to secure attendance of witness
Review of custody of witness
Entitlement to witness expenses
Order for inspection of banker's books
Application and interpretation of Part 12
Rules of evidence
Oral testimony to be given on oath
Proof by written statement
Proof by formal admission
Use of documents to refresh memory
Notice of intention to adduce evidence of a defendant's bad character
Application to exclude evidence of a defendant's bad character
Application for leave to adduce evidence of the bad character of a non-defendant
Notice of intention to adduce hearsay evidence
Counter-notice objecting to the admission of hearsay evidence
Evidence of enlistment
Evidence as to service etc
Service records
Defence Council instructions, regulations and certificates
Standing or routine orders
Expert evidence
Interpretation of Chapter 6
Witnesses eligible for assistance on grounds of age or incapacity
Witnesses eligible for assistance on grounds of fear or distress about testifying
Special measures available
Special measures direction relating to eligible witness
Special provisions relating to a child witness
Extension of provisions of rule 93A to certain witnesses over 18
Special provisions relating to sexual offences
Evidence given in private
Video recorded evidence in chief
Video recorded cross-examination or re-examination
Examination of witness through intermediary
Application for special measures direction: general
Application for special measures direction permitting admission of video recorded evidence in chief
Variation or discharge of special measures direction
Warning to lay members
Application and interpretation
Use of specimens
Documentary evidence as to specimens
Opening addresses
Examination of witnesses
Presence of witnesses
Submission of no case to answer
The case for the defence
Finding of not guilty before conclusion of the defence
Closing addresses
Summing up
Deliberation on findings
Announcement of findings
Application and interpretation of Part 14
Dispute on facts after plea of guilty
Pre-sentence report and previous convictions
Information before sentencing
Offences taken into consideration
Mitigation of sentence
Pronouncement of sentence
Application of Part 14A
Review of sentence
Dispute on facts
Attendance of lay members by live link
Decision on review of sentence
Pronouncement of sentence
Effect of review of sentence
Power to vary sentence
Direction that variation proceedings be held
Direction that variation proceedings be held without lay members
Attendance of lay members by live link
Decision on variation of sentence
Announcement of sentence as varied
Power to order offender's release from custody
Notice of appeal
Extension of initial period
Leave to appeal out of time
Application of Act and Rules to appellate proceedings
Abandonment of appeal
Interpretation of Part 17
Offence committed during operational period of suspended sentence of imprisonment
Offence committed during operational period of suspended sentence of service detention
Offence committed during release period of detention and training order
Application for activation proceedings
Warrant for offender's arrest
Review of custody
Disclosure by Director
Procedure in activation proceedings
Application and interpretation of Chapter 1
Breach of requirements: application for summons or warrant
Breach of requirements: arrest under warrant
Revocation of order with or without re-sentencing
Amendment of requirements
Extension of unpaid work requirement
Review of service compensation order
Application for time to pay financial penalty
Remission of fine
Remission of case by Appeal Court for consideration of service restraining order
Variation or revocation of service restraining order
Variation or revocation of order for recognizance
Certification of contempt of court
Certification of failure to comply with production order
Application to remove a disqualification
Information to be supplied on order for disqualification, etc.
Proceedings in camera
Withholding of matter from the public in proceedings before the court
Appeals
Interpretation
Charge referred to Director following election on another charge
Powers of the Director
Sentence where charge added to, or substituted for, election charge
Sentence where charge referred following election on another charge
Multiple relevant offences: application of section 165(4)
Sentence for multiple relevant offences
Multiple relevant offences: powers of Appeal Court
Offences associated with a relevant offence
Activation of suspended sentence of detention
Service restraining orders
Review of unduly lenient sentence
Supreme Court of Northern Ireland
Transitional
The overriding objective
The duty of the participants in a case
The application by the court of the overriding objective
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