The Standing Civilian Courts Order 1997

1. Introductory Text

2. PART I PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Delegation of the court administration officer’s functions

   4. 4. Service

3. PART II PROSECUTION OF OFFENCES

   1. 5. Referring a case to the prosecuting authority

   2. 6. Conduct of the prosecution

   3. 7. Charge sheet

   4. 8. Charges and joinder

   5. 9. Notifying the court administration officer

   6. 10. Summoning the accused

   7. 11. Informing a parent or guardian of the accused

   8. 12. Notifying the magistrate and commanding officer

   9. 13. Changes to the charge sheet before trial

   10. 14. Change in date, time or place of trial

   11. 15. Objection before trial to member or assessor

   12. 16. Election of trial by court-martial

   13. 17. Election where more than one accused

   14. 18. Steps to be taken where accused elects

   15. 19. Withdrawal of election

4. PART III GENERAL MATTERS

   1. 20. Conduct of the defence

   2. 21. Representation of the accused

   3. 22. Appointment of court officials

   4. 23. Additional evidence before trial

   5. 24. Witnesses not called by the prosecutor

   6. 25. Witnesses for the accused

   7. 26. Witness summons

   8. 27. The magistrate

   9. 28. Functions of assessors

   10. 29. Swearing in of magistrates, members and assessors on appointment

   11. 30. Form of oath

   12. 31. Bankers’ Books Evidence Act 1879

5. PART IV PROCEDURE AT THE HEARING

   1. 32. Opening of proceedings

   2. 33. Accused not appearing

   3. 34. Explaining function of members and assessors

   4. 35. Arraignment of accused

   5. 36. Ascertainment of accused’s age

   6. 37. Opportunity to elect trial by court-martial

   7. 38. Objections in court

   8. 39. Applications before pleading

   9. 40. Severance

   10. 41. Plea to the charge

   11. 42. Guilty plea

   12. 43. Alternative charges

   13. 44. Changes to the charge sheet during trial

   14. 45. Changes to the charge sheet by the court

   15. 46. Procedure after guilty plea

   16. 47. Pleas of guilty and not guilty on one charge sheet

   17. 48. Dispute on facts after finding of guilty

   18. 49. Change of plea

   19. 50. Procedure after not guilty plea

   20. 51. Adjournment and sittings

   21. 52. View by the court

   22. 53. Conclusion of trial in interests of justice

   23. 54. Member or assessor not to sit after absence

   24. 55. Adjournment of case where court ceases to be properly constituted

   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. Deliberation on finding

   39. 70. Special finding

   40. 71. Record of finding

   41. 72. Offences taken into consideration

6. PART V SENTENCING

   1. 73. Pre-sentence report

   2. 74. Evidence before sentencing

   3. 75. Evidence on behalf of the accused

   4. 76. Opportunity for parent to be heard

   5. 77. Deliberation on sentence

   6. 78. Postponement of deliberation on sentence

   7. 79. Deferment of award of sentence

   8. 80. Form of sentence

   9. 81. Announcement of sentence and conclusion of trial

   10. 82. Unfitness to stand trial and insanity

   11. 83. Note of proceedings

7. PART VI REVIEW AND APPEAL

   1. 84. Review

   2. 85. Notice of appeal

   3. 86. Modification of the 1955 Act for appeals

8. PART VII MISCELLANEOUS

   1. 87. Re-trial following adjournment

   2. 88. Forwarding the proceedings

   3. 89. Custody of the proceedings

   4. 90. Loss of the proceedings

   5. 91. Application of certain enactments

   6. 92. Circumstances not provided for

   7. 93. Revocation and savings

9. Signature

10. 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. Charges for any offences may be joined in the same...

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

       2. PART II FORM

    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 witness under 17, or over 17 but where no...

          5. 5. A person making a solemn affirmation instead of taking an...

       2. PART II FORM OF OATHFORM OF OATH ON APPOINTMENT

          1. 6. Magistrate and member of the court

          2. 7. Assessor

       3. FORM OF OATH IN COURT

          1. 8. Interpreter

          2. 9. Witness

       4. FORM OF PROMISE

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

       5. PART III FORM OF SCOTTISH OATHS

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

       6. PART IV FORM OF SOLEMN AFFIRMATIONS

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

    4. SCHEDULE 4

       APPLICATION AND MODIFICATION OF ENACTMENTS

    5. SCHEDULE 5

       REVOCATIONS

11. Explanatory Note