The Armed Forces (Service Civilian Court) Rules 2009

Interpretation: proceedings and parties U.K.

2.—(1) Unless otherwise stated, any reference in these Rules to proceedings is to—

(a) preliminary proceedings,

(b) trial proceedings,

(c) sentencing proceedings, F1 ...

(d) ancillary proceedings [F2 ; and

(e) variation proceedings]

and does not include the exercise of any power of the court otherwise than at a hearing.

(2) In these Rules—

“activation order” means—

(a)

an order under paragraph 8(2)(a) or (b) of Schedule 12 to the 2003 Act (activation of suspended sentence of imprisonment); or

(b)

an order under section 214(3) (reactivation of detention and training order);

“activation proceedings” means proceedings for the making of an activation order, but does not include sentencing proceedings in which the court has power to make such an order;

“ancillary proceedings” means proceedings under any provision of Part 15;

“community order proceedings” means any proceedings under Chapter 1 of Part 15;

[F3 “domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;]

“preliminary proceedings” means any proceedings of the court held for the purpose of—

(c)

the court making its decision in accordance with section 279 (consideration of trial by Court Martial);

(d)

allowing the defendant to exercise his right to elect trial by the Court Martial;

(e)

arraigning a defendant on a charge to be tried in the trial proceedings; or

(f)

giving directions, orders or rulings for the purpose of the trial proceedings;

“related proceedings”, in relation to preliminary proceedings, means—

(g)

trial proceedings in respect of any charge to which the preliminary proceedings relate;

(h)

any further preliminary proceedings in relation to such trial proceedings; and

(i)

any sentencing proceedings in respect of any offence found proved in such trial proceedings, or as respects which the offender pleads guilty in the preliminary proceedings or related proceedings;

“sentencing proceedings” means proceedings for the sentencing of a person convicted by the court on a plea of guilty or in trial proceedings [F4 and does not include variation proceedings];

“trial proceedings” means proceedings for the trial of a charge by the court, and does not include [F5 sentencing proceedings or variation proceedings;]

[F6 “variation proceedings” means proceedings under Part 14A.]

(3) References in these Rules to a party to any proceedings are to—

(a) a person to whom the proceedings relate;

(b) the Director; and

(c) where the proceedings are for the hearing of an application (and the applicant is not a person to whom the proceedings relate), the applicant.

(4) References in these Rules to a person to whom proceedings relate are to—

(a) in the case of preliminary or trial proceedings, a defendant;

(b) in the case of sentencing proceedings, an offender who falls to be sentenced in the proceedings;

(c) in the case of activation proceedings, the offender in respect of whom the court has power to make an activation order in the proceedings;

(d) in the case of community order proceedings, the offender in respect of whom the overseas community order was made;

(e) in the case of a hearing of any other application (other than community order proceedings), the applicant;

(f) in the case of a hearing under rule 108 (certification of contempt of court), the person whose offence the court is to consider certifying.

[F7 (g) in the case of variation proceedings, an offender in respect of whom a sentence which falls to be varied has been passed.]

(5) In these Rules—

“defendant” means a person against whom a charge allocated for Service Civilian Court trial has been brought;

“the Director” means the Director of Service Prosecutions.

Textual Amendments

F1 Word in rule 2 omitted (13.11.2023) by virtue of The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(a)

F2 Rule 2(1)(e) and word inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(b)

F3 Words in rule 2(2) inserted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 16

F4 Words in rule 2(2) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(c)(i)

F5 Words in rule 2(2) substituted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(c)(ii)

F6 Words in rule 2(2) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(c)(iii)

F7 Rule 2(4)(g) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 3(d)