The Armed Forces (Court Martial) Rules 2009

PART 13 U.K. TRIAL PROCEDURE

Opening addresses U.K.

101.  Before the Director adduces any evidence in trial proceedings—

(a) the Director, and

(b) with leave of the judge advocate, any defendant,

may make an opening address.

Examination of witnesses U.K.

102.—(1) The judge advocate may question any witness, or put to the witness a question from a lay member.

(2) If it appears to the judge advocate to be in the interests of justice, the court may—

(a) allow the cross-examination or re-examination of a witness to be postponed;

(b) call any witness whom it has not already heard;

(c) recall a witness;

(d) permit any party to recall a witness;

(e) permit the Director to call a witness after the close of the case for the prosecution; or

(f) permit a defendant to give evidence after calling another witness.

Presence of witnesses U.K.

103.—(1) Except for a defendant and any expert or character witness, a witness as to fact shall not, except by leave of the judge advocate, be in court while not under examination.

(2) If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the judge advocate may direct the witness to withdraw until the question is determined.

(3) The judge advocate may direct any expert or character witness present in court to withdraw if the judge advocate considers his presence undesirable.

(4) For the purposes of this rule a witness is in court if he is able to see and hear the court through a live link.

Submission of no case to answer U.K.

104.—(1) At the close of the case for the prosecution a defendant may submit, in respect of any charge, that the Director has failed to establish a case for him to answer.

(2) Without prejudice to the generality of rule 38, the judge advocate shall hear and rule on such a submission in the absence of the lay members.

(3) If such a submission is allowed, the judge advocate shall direct the lay members to find the defendant not guilty of the charge.

(4) This rule is subject to section 6 of the Domestic Violence, Crime and Victims Act 2004 M1 .

Marginal Citations

M1 2004 c. 28; section 6 of the Domestic Violence, Crime and Victims Act 2004 is applied to the Court Martial by section 8 of that Act (as amended by paragraph 238 of Schedule 16 to the Armed Forces Act 2006).

The case for the defence U.K.

105.—(1) Where a defendant intends to adduce evidence as to fact (other than by giving evidence himself), he may make an opening address before adducing or giving evidence; but this is subject to paragraph (2).

(2) Where a defendant made an opening address under rule 101, he may not make another address under this rule without the leave of the judge advocate.

(3) Where a defendant gives evidence, he must do so before calling any other witness.

(4) Paragraph (3) is subject to rule 102(2).

Finding of not guilty before conclusion of the defence U.K.

106.—(1) At any time after the close of the case for the prosecution, the lay members may find a defendant not guilty on a charge.

(2) The lay members may not make a finding under this rule before the summing-up unless the judge advocate has—

(a) invited the Director to address the court as to whether such a finding should be made; and

(b) invited the lay members to consider making such a finding.

Closing addresses U.K.

107.—(1) This rule applies at the close of the case for all defendants.

(2) If any defendant has adduced evidence as to fact, or given evidence himself, the Director may make a closing address.

(3) Each defendant may then make a closing address; but a legal representative who represents more than one defendant may make only one closing address.

Summing up U.K.

108.—(1) After any closing addresses, the judge advocate shall direct the lay members on the relevant law; and sum up the evidence.

(2) The judge advocate may direct the lay members that if they record a finding of guilty on one charge they need not record a finding on another charge.

Deliberation on findings U.K.

109.—(1) If after they have withdrawn to deliberate on their finding the lay members require further direction on the law, they shall seek and be given further direction by the judge advocate in open court (subject to rule 152).

(2) The lay members may not separate, without the leave of the judge advocate, before all their findings have been announced.

(3) Where two or more of the lay members are subject to service law, the votes of those members on the finding on each charge shall be given in ascending order of rank or rate and seniority.

Announcement of findings U.K.

110.—(1) The finding of the lay members on each charge shall be announced by the president of the board.

(2) Paragraph (1) is subject to any direction given under rule 108(2).

(3) If the judge advocate is satisfied that the findings announced are acceptable in law, the judge advocate and the president of the board shall sign a record of the findings.

(4) If the judge advocate is not so satisfied, he shall direct the lay members to withdraw and reconsider their findings.

(5) Where, in accordance with a direction given under rule 108(2), no finding is recorded on a charge, the judge advocate may direct that the charge is to lie on the file, not to be proceeded with without the leave of the court or the Appeal Court.

(6) Where no lay member is subject to service law, references in this rule to the president of the board are to be read as references to a lay member chosen by the lay members from among their number.