- Latest available (Revised)
- Point in Time (01/12/2020)
- Original (As made)
The Armed Forces (Service Civilian Court) Rules 2009
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Changes over time for: Section 101
Alternative versions:
- 31/10/2009- Amendment
- 01/12/2020- Amendment
- 01/12/2020
Point in time
Status:
Point in time view as at 01/12/2020.
Changes to legislation:
There are currently no known outstanding effects for the The Armed Forces (Service Civilian Court) Rules 2009, Section 101.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Breach of requirements: application for summons or warrantU.K.
This section has no associated Explanatory Memorandum
101.—(1) An application by the responsible officer for a summons or a warrant under [F1paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act)] shall be made in writing to the court administration officer, specifying—
(a)the requirement of the order with which the offender is alleged to have failed to comply;
(b)the respect in which, and the date on which (or the dates between which) he is alleged to have failed to comply with that requirement;
(c)whether he has within the previous twelve months been given a warning under [F2paragraph 6 of Schedule 10 to the Sentencing Code] in respect of the order, and if so when and in what terms; and
(d)any grounds on which, to the responsible officer's knowledge, the offender is likely to rely as constituting a reasonable excuse for the alleged failure to comply.
(2) The court administration officer shall forward the application to the Judge Advocate General.
(3) The Judge Advocate General may—
(a)issue a summons under [F3paragraph 8A of Schedule 10 to the Sentencing Code] requiring the offender to appear before the court for proceedings under [F4paragraph 11] of that Schedule;
(b)issue a warrant under [F5paragraph 8A] of that Schedule for the offender's arrest;
(c)dismiss the application without a hearing; or
(d)direct a hearing of the application.
(4) If the Judge Advocate General directs a hearing of the application, the court administration officer shall notify the responsible officer of the time and place appointed for the hearing.
Textual Amendments
F1Words in rule 101(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 374(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F2Words in rule 101(1)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 374(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in rule 101(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 374(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F4Words in rule 101(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 374(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F5Words in rule 101(3)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 374(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
Options/Help
Print Options
PrintThe Whole Instrument
PrintThe Whole Part
PrintThe Whole Chapter
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.