Army Act 1955 (repealed)

Offences: procedureF5 U.K.

Textual Amendments applied to the whole legislation

F5 Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2

103 Rules of Procedure. U.K.

(1) Subject to the provisions of this section, the Secretary of State may make rules (hereinafter referredto as Rules of Procedure) with respect to the investigation and trial of, and awarding of punishment for,offences cognizable by courts-martial, commanding officers and appropriate superior authorities and withrespect to the confirmation and revision of findings and sentences of courts-martial.

(2) Without prejudice to the generality of the last foregoing subsection, Rules of Procedure may makeprovision with respect to all or any of the following matters, that is to say—

(a) the procedure to be observed in the bringing of charges before commanding officers and appropriatesuperior authorities;

(b) the manner in which charges so brought are to be investigated, and the taking of evidence (whetherorally or in writing, whether or not on oath and whether in full or in summary or abstract form) for thepurpose of investigating or dealing summarily with such charges or otherwise as a preliminary to the trialthereof by court-martial, so however that the Rules shall make provision for the application of sectionninety-three of this Act in any case where the accused requires that evidence shall be taken on oath;

(c) the addition to, or substitution for, a charge which has been investigated of a new charge for anoffence disclosed by evidence taken on the investigation and the treating of the investigation as theinvestigation of the new charge;

(d) the convening and constitution of courts-martial;

(e) the sittings, adjournment and dissolution of courts-martial;

(f) the procedure to be observed in trials by court-martial;

(g) the representation of the accused at such trials;

(h) procuring the attendance of witnesses before courts-martial and at the taking of evidence in pursuanceof rules made under paragraph (b) of this subsection;

(i) applying in relation to proceedings before commanding officers and appropriate superior authorities andotherwise in relation to proceedings prior to trial by court-martial all or any of the provisions of [F1 sections 99 to 102 above];

(j) empowering a court-martial or the convening officer, in such cases and to such extent as may beprescribed, to amend a charge which is being tried by the court;

(k) empowering a court-martial, where the particulars proved or admitted at the trial differ from thosealleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged,to make a finding of guilty subject to exceptions or variations specified in the finding if it appears tothe court that the difference is not so material as to have prejudiced the accused in his defence;

[F2 (kk) directing that the powers conferred by section 7 of the M1 Bankers’ Books Evidence Act1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legalproceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is convened, as well as by the court or a judge within themeaning of that Act;]

(l) the forms of orders and other documents to be made for the purposes of any provision of this Act or theRules relating to the investigation or trial of, or award of punishment for, offences cognizable bycourts-martial, commanding officers or appropriate superior authorities or to the confirmation and revisionof the findings and sentences of courts-martial; and

(m) any matter which by this Part of this Act is required or authorised to be prescribed.

(3) Rules made by virtue of paragraph (j) of the last foregoing subsection shall secure that the power toamend charges shall not be exercisable in circumstances substantially different from those in whichindictments are amendable by a civil court in England, or otherwise than subject to the like conditions,as nearly as circumstances admit, as those subject to which indictments are so amendable, and shall not beexercisable by a court-martial (otherwise than for the purpose only of correcting a mistake in the name ordescription of the accused or a clerical error or omission) unless there is a judge advocate present at thetrial.

(4) Rules of Procedure shall not make provision with respect to the carrying out of sentences passed bycourts-martial or of other punishments awarded under this Part of this Act.

(5) A Rule of Procedure which is inconsistent with the provisions of this Act shall to the extent of theinconsistency be void.

Textual Amendments

F1 Words substituted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 7

F2 S. 103(2)(kk) inserted by Armed Forces Act 1971 (c. 33), s. 49(1)

Modifications etc. (not altering text)

C1 S. 103 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 146, Sch. 13 para. 7

Marginal Citations

M1 1879 c. 11.

104 Rules as to exercise of functions of judge advocate. U.K.

(1) Rules of Procedure may make provision as to the exercise by a judge advocate of his functions at a trialby court-martial.

(2) Without prejudice to the generality of the foregoing provisions of this section, Rules of Procedure maymake provision—

(a) as to the effect of advice or rulings given to the court by a judge advocate on questions of law;

(b) for requiring or authorising the president of a court-martial, in such cases as may be specified in theRules, to direct that questions of law [F3 or of law and fact mixed ]shall be determined by a judge advocate in the absence of the president and other members of the courtand any officers [F4 or other persons] under instruction, and for applying to the judge advocate and his proceedings on any suchdetermination such of the provisions of this Act relating to the court or its members and the proceedingsthereof as may be specified in the Rules.

(3) In the last foregoing subsection references to questions of law include references to questions as tothe joinder of charges and as to the trial of persons jointly or separately.

Textual Amendments

F3 Words inserted by Armed Forces Act 1971 (c. 33), s. 49(1)

F4 Words inserted by Armed Forces Act 1981 (c. 55), Sch. 2 para. 5(2)

105 Taking of offences into consideration. U.K.

(1) Rules of Procedure may be made for determining the cases in which and the extent to which courts-martialmay, in sentencing an accused for any offence of which he is convicted, at the request of the accused takeinto consideration other offences against this Act committed by him.

(2) Where Rules of Procedure make such provision as aforesaid, they may also make provision for conferringon the court taking one or more offences into consideration power to direct the making of such deductionsfrom the offender’s pay as the court would have had power to direct if he had been found guilty of theoffence or offences taken into consideration as well as of the offence of which he was in fact found guilty.

106 Rules of Procedure to be subject to annulment. U.K.

The power to make Rules of Procedure shall be exercisable by statutory instrument which shall be subjectto annulment in pursuance of a resolution of either House of Parliament.