Search Legislation

The Armed Forces (Service Civilian Court) Rules 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 40

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the The Armed Forces (Service Civilian Court) Rules 2009, Section 40. Help about Changes to Legislation

Amendment of chargesU.K.

This section has no associated Explanatory Memorandum

40.—(1) Where in preliminary proceedings (whether before or after arraignment) or trial proceedings it appears to the court that the charge sheet or any charge is defective, it shall make such order for the amendment of the charge sheet or charge (as the case may be) as appears necessary to meet the circumstances of the case.

(2) But the court may not make an order under this rule if, in all the circumstances, the required amendments cannot be made without injustice.

(3) Without prejudice to the generality of paragraph (2), in relation to a proposed amendment in preliminary proceedings the circumstances relevant for the purposes of that paragraph include (in particular) whether the defendant has been arraingned.

(4) Where an order is made under this rule, the Director shall serve the amended charge sheet on every defendant in the way that would be required by regulations made under section 128—

(a)if the amendment had been made otherwise than in accordance with an order made under this rule; and

(b)where the amendment is made after arraignment, if it had been made before arraingnment.

Back to top

Options/Help