The Courts-Martial (Royal Air Force) Rules 1997

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Service on an accused

3. PART II PROSECUTION OF OFFENCES

   1. 4. Referring a case to the prosecuting authority

   2. 5. Formal preliminary examination

   3. 6. Conduct of formal preliminary examination

   4. 7. Charge sheet

   5. 8. Charges and joinder

   6. 9. Notifying the accused’s commanding officer

   7. 10. Notifying the court administration officer

   8. 11. Notification of trial

   9. 12. Discontinuing proceedings before trial

   10. 13. Description of the court-martial

   11. 14. Amending charges and additional charges before trial

4. PART III GENERAL MATTERS

   1. 15. Conduct of the defence

   2. 16. Convening the court

   3. 17. Ineligibility for membership of courts-martial

   4. 18. Appointment of court officials

   5. 19. Delegation of the court administration officer’s functions

   6. 20. Additional evidence before trial

   7. 21. Witness not called by the prosecutor

   8. 22. Witnesses for the accused

   9. 23. Witness summons

   10. 24. Oaths and affirmations

5. PART IV PRELIMINARY PROCEEDINGS

   1. 25. Hearing for directions

   2. 26. Hearing for directions in chambers

   3. 27. Substance of a hearing for directions

   4. 28. Hearing for directions without notice to the accused

   5. 29. Preparatory hearing

   6. 30. Challenges and oaths at a preparatory hearing

   7. 31. Substance of a preparatory hearing

6. PART V PROCEEDINGS AT COURT-MARTIAL

   1. 32. The judge advocate

   2. 33. The president

   3. 34. Sittings and adjournment

   4. 35. Record of proceedings

   5. 36. Closed court

   6. 37. Pre-trial hearing

   7. 38. Challenges and oaths at a pre-trial hearing

   8. 39. Substance of a pre-trial hearing

   9. 40. Challenges by the accused

   10. 41. Administration of oaths and affirmations

   11. 42. Commencement of the trial

   12. 43. Judge advocate sitting alone

   13. 44. Severance

   14. 45. Arraignment

   15. 46. Guilty plea

   16. 47. Alternative charges

   17. 48. Additional charges during trial

   18. 49. Changes to the charge sheet during trial

   19. 50. Changes to the charge sheet by the court

   20. 51. Procedure after guilty plea

   21. 52. Pleas of guilty and not guilty on one charge sheet

   22. 53. Dispute on facts after finding of guilty

   23. 54. Change of plea

   24. 55. Procedure after not guilty plea

   25. 56. Additional evidence during trial

   26. 57. Expert evidence

   27. 58. Exhibits

   28. 59. Presence of witnesses

   29. 60. Evidence through television link

   30. 61. Video recordings of testimony from child witnesses

   31. 62. Examination of witnesses

   32. 63. Submission of no case to answer

   33. 64. Finding of not guilty before conclusion of the defence

   34. 65. The case for the defence

   35. 66. Witnesses for the defence

   36. 67. Further evidence

   37. 68. Closing addresses

   38. 69. Summing up

   39. 70. Deliberation on finding

   40. 71. Special finding

   41. 72. Record of finding

   42. 73. Inquiry into finding

   43. 74. Offences taken into consideration

7. PART VI SENTENCING

   1. 75. Pre-sentence report and previous convictions

   2. 76. Evidence before sentencing

   3. 77. Evidence on behalf of the accused

   4. 78. Postponement of deliberation on sentence

   5. 79. Deliberation on sentence

   6. 80. Announcement of sentence

   7. 81. Conclusion of the trial

8. PART VII REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

   1. 82. The petition

   2. 83. Reasons

9. PART VIII MISCELLANEOUS

   1. 84. Application of the rules to civilians

   2. 85. Periodic review of arrest

   3. 86. Bankers' Books Evidence Act 1879

   4. 87. Custody of the record

   5. 88. Imprisonment in default; manner of payment of fine

   6. 89. Circumstances not provided for

   7. 90. Revocations and savings

10. Signature

11. 1. SCHEDULE 1

       CHARGES AND JOINDER

       1. PART I RULES

          1. 1. (1) A charge sheet shall be in the form specified...

          2. 2. (1) Subject only to the provisions of paragraph 3 of...

          3. 3. Where the specific offence with which an accused person is...

          4. 4. Where an offence created by or under an enactment states...

          5. 5. It shall be sufficient in a charge sheet to describe...

          6. 6. (1) Subject to sub-paragraphs (2) and (3) below, charges for...

          7. 7. Where the offence charged is one which can be committed...

          8. 8. Where the offence charged is one which may render the...

       2. PART II

    2. SCHEDULE 2

       FORMS

    3. SCHEDULE 3

       OATHS AND AFFIRMATIONS

       1. PART I MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

          1. 1. An oath may be administered by the person swearing the...

          2. 2. A Scottish oath may be administered by the person swearing...

          3. 3. An oath may be administered in such manner as the...

          4. 4. A person under 18 making a promise or a person...

       2. PART II FORMS OF OATH

          1. President and members other than the judge advocate

             1. 5. I swear by Almighty God that I will well and...

          2. Persons under instruction

             1. 6. I swear by Almighty God that I will not on...

          3. Interpreter

             1. 7. I swear by Almighty God that I will well and...

          4. Witness

             1. 8. I swear by Almighty God that the evidence which I...

          5. Form for a person under 18

             1. 9. I promise before Almighty God that the evidence which I...

       3. PART III FORM OF SCOTTISH OATHS

          1. 10. The form of Scottish oath shall in each case be...

       4. PART IV FORM OF SOLEMN AFFIRMATIONS

          1. 11. The form of affirmation shall in each case be the...

    4. SCHEDULE 4

       HEARING FOR DIRECTIONS

       1. 1. the issues in the case;

       2. 2. issues, if any, as to the mental or medical condition...

       3. 3. the number of witnesses whose evidence will be placed before...

       4. 4. the defence witnesses in 3 above whose statements have been...

       5. 5. any prosecution witnesses whom the defence require to attend at...

       6. 6. any additional witnesses who may be called by the prosecution...

       7. 7. facts which are to be admitted and which can be...

       8. 8. any exhibits and schedules which are to be admitted;

       9. 9. the order and pagination of the papers to be used...

       10. 10. any alibi which should already have been disclosed in accordance...

       11. 11. any point of law which it is anticipated will arise...

       12. 12. any question as to the admissibility of evidence which appears...

       13. 13. any application to be made for evidence to be given...

       14. 14. any application to submit pre-recorded video interviews with a child...

       15. 15. any application for screens, for use by witnesses seeking a...

       16. 16. whether any video, tape recorder or other technical equipment will...

       17. 17. where a tape recorded interview has taken place, of any...

       18. 18. any other significant matter which might affect the proper and...

       19. 19. the estimated length of the trial, to be agreed more...

       20. 20. witness availability and the approximate length of witness evidence;

       21. 21. availability of advocate;

       22. 22. whether there is a need for any further directions.

    5. SCHEDULE 5

       GUIDANCE FOR PETITIONERS

       1. 1. The petition should be settled with sufficient particularity to enable...

       2. 2. The petition should not contain grounds of appeal unless it...

       3. 3. The petition should not contain any factual inaccuracy.

       4. 4. Any allegation of fact in the petition should be based...

       5. 5. The petition should not contain a suggestion that a person...

       6. 6. Any proposition of law should be supported by references to...

    6. SCHEDULE 6

       CIVILIANS

       1. PART I MODIFICATIONS FOR CIVILIANS

       2. PART II ADDITIONAL RULES FOR CIVILIANS

          1. 1. Prosecution of civilians

          2. 2. Accused’s parent or guardian

       3. PART III APPEALS FROM STANDING CIVILIAN COURTS

          1. 3. Forwarding an appeal to the prosecuting authority

          2. 4. Charge sheet on appeal

          3. 5. Appeal against sentence alone

          4. 6. Sentencing on appeal

          5. 7. Appeal by parent or guardian of an accused

          6. 8. Abandonment of appeal

    7. SCHEDULE 7

       REVOCATIONS

12. Explanatory Note