The Courts-Martial (Royal Navy) (Amendment) Rules 2000

Amendments to Rules

2.—(1) The Courts-Martial (Royal Navy) Rules 1997(1) shall be amended in accordance with following provisions of this rule.

(2) In rule 2 (interpretation) the following definition shall be inserted after the definition of “the judge advocate”—

““preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial;”.

(3) In rule 4 (referring a case to the prosecuting authority) after the word “ documentary” in sub-paragraph (g) there shall be inserted—

“; and

(h) where the accused has elected trial by court-martial, notification of that fact”.

(4) After rule 4 (referring a case to the prosecuting authority) there shall be inserted—

“Withdrawal of election in a multiple charge case

4A.   Where—

(a) an election for court-martial trial relates to two or more preliminary charges; and

(b) that election is withdrawn with the leave of the prosecuting authority,

section 52I(2) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused each of the preliminary charges to be tried summarily.

Referring back in a multiple charge case before charges are preferred

4B.— (1) Where—

(a) an election for court-martial trial relates to two or more preliminary charges; and

(b) the prosecutor considers that a charge or charges different from or additional to a preliminary charge should be preferred,

section 52II(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused any additional preliminary charge as well as the charge or charges which he would otherwise be required to refer back under that section.

(2) In paragraph (1), the reference to any additional preliminary charge is to any preliminary charge which is different from the preliminary charge referred to in paragraph (1)(b) above.”.

(5) After rule 11 (discontinuing proceedings before trial) there shall be inserted—

“Referring back in a multiple charge case after charges already preferred

11A.   Where—

(a) an election for court-martial trial relates to two or more preliminary charges; and

(b) the prosecutor considers that a charge which has already been preferred (“the original charge”) should be amended, or that a charge should be preferred in addition to or in substitution for the original charge,

section 52II(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer any charge (other than the original charge) which has already been preferred, as well as the charge or charges which he would otherwise be required to refer back under that section.”.

(6) In rule 67(2) (evidence before sentencing)—

(a) the following sub-paragraph shall be inserted after sub-paragraph (d)—

“(dd) particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland;”;

(b) at the end of sub-paragraph (e) the word “and” shall be omitted; and

(c) after the word “entitlements” in sub-paragraph (f) there shall be inserted—

“; and

(g) whether the accused elected trial by court-martial”.

(1)

S.I. 1997/170.