The Courts-Martial (Royal Navy) Rules 1997

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe the procedure to be followed in court-martial trials under the Naval Discipline Act 1957 (c. 53). They accord in general with procedures in the Crown Court. These Rules replace and revoke the Naval Courts-Martial General Orders (Royal Navy) 1991 (S.I. 1991/2737) and take account of changes in the law and procedure since then, in particular, to give effect to the changes in the way arrangements are made for court-martial trials made by the Armed Forces Act 1996 (c. 46).

The Rules provide for the first time for preliminary proceedings in the form of a hearing for directions, at which directions may be given by the judge advocate, and a pre-trial hearing, at which, as part of the court-martial itself, the judge advocate may make rulings before the trial of the accused commences.

Previous special provision for trials in which navigation was an issue have been repealed, so that the relevant expert evidence may now be adduced under the general rules governing the admissibility of such evidence. A new procedure for dealing with mixed pleas has been established and allowance has been made for issues of fact to be tried in relation to charges to which the accused has pleaded guilty.

Rules in relation to the admission of television link and video evidence have been included. The power to make Bankers’ Books Evidence Act 1879 orders has been given to commanding officers and judge advocates.