The Armed Forces (Service Civilian Court) Rules 2009

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation: proceedings and parties

   3. 3. Interpretation: general

3. PART 1A THE OVERRIDING OBJECTIVE

   1. 3A. The overriding objective

   2. 3B. The duty of the participants in a case

   3. 3C. The application by the court of the overriding objective

4. PART 2 SERVICE OF DOCUMENTS

   1. 4. Interpretation of Part 2

   2. 5. Service on a person to whom proceedings relate

   3. 6. Service on the court administration officer

   4. 7. Service on the Director

   5. 8. Service on other individuals

   6. 9. Service on a corporation

   7. 10. Service by another method

   8. 11. Service by commanding officer

   9. 12. Service by fax or electronic means

   10. 13. Date of service

   11. 14. Proof of service

5. PART 3 PROCEEDINGS: GENERAL

   1. 15. The court administration officer

   2. 16. Listing of proceedings

   3. 17. Notification of proceedings

   4. 18. Live links

   5. 19. Proceedings in absence of defendant etc

   6. 20. Oaths and affirmations

   7. 21. Interpretation, translation and communication through an intermediary

   8. 21A. Interpretation, translation for persons other than a person to whom proceedings relate

   9. 22. Record of proceedings

   10. 23. Exhibits

   11. 24. Termination of proceedings

   12. 25. Circumstances not provided for

6. PART 4 ASSISTANCE AND REPRESENTATION

   1. 26. Legal representatives

   2. 27. Parent or guardian of young civilian

7. PART 5 ARREST OF DEFENDANT

   1. 28. Arrest by service police etc before arraignment

   2. 29. Warrant for arrest by civilian police

8. PART 6 ADVANCE INFORMATION

   1. 30. Service of advance information

   2. 31. Information as to possibility of activation order etc

9. PART 7 PRELIMINARY PROCEEDINGS

   1. 32. Listing of initial preliminary proceedings

   2. 33. Listing of further preliminary proceedings

   3. 34. Preliminary proceedings in chambers without notice to defendant

   4. 35. Outline of prosecution case

   5. 36. Powers of the court at a preliminary hearing

10. PART 8 JOINDER, SEVERANCE AND AMENDMENT

    1. 37. Joinder of charges

    2. 38. Severance of charges

    3. 39. Severance of defendants

    4. 40. Amendment of charges

    5. 41. Consequences of exercise of powers under this Part

11. PART 9 CONSIDERATION OF TRIAL BY THE COURT MARTIAL

    1. 42. Consideration of trial by the Court Martial

12. PART 10 ARRAIGNMENT

    1. 43. Arraignment

    2. 44. Order that charge lie on the file

    3. 45. Offer of no evidence

    4. 46. Change of plea

    5. 47. Powers of Director after arraignment

13. PART 11 ATTENDANCE OF WITNESSES

    1. 48. Notification of witnesses

    2. 49. Issue of witness summons on application to a judge advocate

    3. 50. Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality

    4. 51. Issue of witness summons of judge advocate's own motion

    5. 52. Application to withdraw a witness summons

    6. 53. Oral applications

    7. 54. Further process to secure attendance of witness

    8. 55. Review of custody of witness

    9. 56. Entitlement to witness expenses

14. PART 12 EVIDENCE

    1. CHAPTER 1 General

       1. 57. Application and interpretation of Part 12

       2. 58. Rules of evidence

       3. 59. Oral testimony to be given on oath

       4. 60. Proof by written statement

       5. 61. Proof by formal admission

       6. 62. Use of documents to refresh memory

    2. CHAPTER 2 Evidence of bad character

       1. 63. Notice of intention to adduce evidence of a defendant's bad character

       2. 64. Application to exclude evidence of a defendant's bad character

       3. 65. Application for leave to adduce evidence of the bad character of a non-defendant

    3. CHAPTER 3 Hearsay evidence

       1. 66. Notice of intention to adduce hearsay evidence

       2. 67. Counter-notice objecting to the admission of hearsay evidence

    4. CHAPTER 4 Evidence of service matters

       1. 68. Evidence of enlistment

       2. 69. Evidence as to service etc

       3. 70. Service records

       4. 71. Defence Council instructions, regulations and certificates

       5. 72. Standing or routine orders

    5. CHAPTER 5 Expert evidence

       1. 73. Expert evidence

    6. CHAPTER 6 Special measures directions

       1. 74. Interpretation of Chapter 6

       2. 75. Witnesses eligible for assistance on grounds of age or incapacity

       3. 76. Witnesses eligible for assistance on grounds of fear or distress about testifying

       4. 77. Special measures available

       5. 78. Special measures direction relating to eligible witness

       6. 78A. Special provisions relating to a child witness

       7. 78B. Extension of provisions of rule 78A to certain witnesses over 18

       8. 79. Evidence given in private

       9. 80. Video recorded evidence in chief

       10. 80A. Video recorded cross-examination or re-examination

       11. 81. Examination of witness through intermediary

       12. 82. Application for special measures direction: general

       13. 83. Application for special measures direction permitting admission of video recorded evidence in chief

       14. 84. Variation or discharge of special measures direction

    7. CHAPTER 7 Use of specimens in proceedings for offences relating to alcohol and drugs

       1. 84A. Application and interpretation

       2. 84B. Use of specimens

       3. 84C. Documentary evidence as to specimens

15. PART 13 TRIAL PROCEDURE

    1. 85. Opening address

    2. 86. Examination of witnesses

    3. 87. Presence of witnesses

    4. 88. Submission of no case to answer

    5. 89. The case for the defence

    6. 90. Finding of not guilty before conclusion of the defence

    7. 91. Closing addresses

    8. 92. Announcement of findings

16. PART 14 SENTENCING PROCEEDINGS

    1. 93. Application and interpretation of Part 14

    2. 94. Dispute on facts after plea of guilty

    3. 95. Pre-sentence report and previous convictions

    4. 96. Information before sentencing

    5. 97. Offences taken into consideration

    6. 98. Mitigation of sentence

    7. 99. Pronouncement of sentence

17. Part 14A Variation Proceedings

    1. 99A. Application of Part 14A

    2. 99B. Interpretation of Part 14A

    3. 99C. Power to vary sentence

    4. 99D. Direction that variation proceedings be held

    5. 99E. Announcement of varied sentence

    6. 99F. Power to order offender’s release from custody

18. PART 15 ANCILLARY PROCEEDINGS

    1. CHAPTER 1 Community order proceedings

       1. 100. Application and interpretation of Chapter 1

       2. 101. Breach of requirements: application for summons or warrant

       3. 102. Breach of requirements: arrest under warrant

       4. 103. Review of custody

       5. 104. Revocation of order with or without re-sentencing

       6. 105. Amendment of requirements

       7. 106. Extension of unpaid work requirement

    2. CHAPTER 2 Other ancillary proceedings

       1. 107. Remission of fine

       2. 108. Certification of contempt of court

    3. CHAPTER 3 Driving Disqualification Orders

       1. 108A. Application to remove a disqualification

       2. 108B. Information to be supplied on order for disqualification, etc.

19. PART 16 RESTRICTIONS ON PUBLIC ACCESS AND REPORTING

    1. 109. Proceedings in camera

    2. 110. Withholding of matter from the public in proceedings before the court

20. PART 17 TRANSITORY AND TRANSITIONAL PROVISIONS

    1. 111. Supreme Court of Northern Ireland

    2. 112. Transitional

21. Signature

22. 1. SCHEDULE 1

       OATHS AND AFFIRMATIONS

       1. The words prescribed are— (a) for witnesses, “… the evidence...

    2. SCHEDULE 2

       TRANSITIONAL AND TRANSITORY PROVISIONS

       1. PART 1 GENERAL

          1. 1. Interpretation

          2. 2. Record of Standing Civilian Court proceedings

       2. PART 2 STEPS TAKEN BEFORE COMMENCEMENT

          1. 3. Service of documents

          2. 4. Court administration officers

          3. 5. Prosecuting officers

          4. 6. Legal representatives

          5. 7. Arraignment

          6. 8. Directions etc

       3. PART 3 EVIDENCE

          1. 9. Proof by written statement

          2. 10. Evidence of enlistment or entry for service

          3. 11. Documents signed by or on behalf of a person's commanding officer

          4. 12. Special measures

       4. PART 4 SENTENCING

          1. 13. Activation of suspended sentence of imprisonment

          2. 14. SDA conditional discharge orders

          3. 15. Community supervision orders

23. Explanatory Note