The Armed Forces (Court Martial) Rules 2009

Interpretation: general U.K.

3.—(1) Any reference in these Rules to a numbered section is to that section of the 2006 Act unless otherwise stated.

(2) In these Rules—

“the 2006 Act” means the Armed Forces Act 2006;

“the 1967 Act” means the Criminal Justice Act 1967 M1 ;

“the 1968 Act” means the Court Martial Appeals Act 1968;

“the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999 M2 ;

“the 2003 Act” means the Criminal Justice Act 2003;

“the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M3 ;

“advance information” has the meaning given by rule 43(2);

“allocated for Court Martial trial” means regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial;

“the Appeal Court” means the Court Martial Appeal Court;

“bad character” has the meaning given by section 98 of the 2003 Act;

“civilian police force” means a UK police force or a British overseas territory police force;

[F1 “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;]

“the court” means the Court Martial;

“DX” means document exchange;

“detention and training order” means an order under section 211;

“the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 155(5);

“the lay members” has the same meaning as in section 155;

“legal representative” means a person appointed under rule 39;

“live link”, except in Part 15, has the meaning given by rule 18(3)(a);

F2 ...

“the original sentence”, in relation to activation proceedings, has the same meaning as in Part 17;

“pre-sentence report” has the meaning given by section 257;

“the president of the board” means the lay member (if any) who by virtue of rule 34 is the president of the board;

“proceedings with lay members” means any proceedings other than those listed in rule 27;

“qualified to be the president of the board” has the meaning given by rule 34(3);

“suspended sentence order” means an order under [F3 section 264 or 277 of the Sentencing Code or] section 189(1) of the 2003 Act (suspended sentence of imprisonment) made by a relevant service court, as defined by [F4 section 207] of the 2006 Act;

“unit” means—

(a)

a naval ship or establishment;

(b)

any body of members of Her Majesty's forces formed under the command of a person appointed to be the commanding officer of the body; or

(c)

an air force station.

[F5 (3) Any reference in these Rules to Schedule 10 to the Sentencing Code is to that Schedule as modified by section 181 of the 2006 Act and Schedule 6A to that Act.]

Textual Amendments

F1 Words in rule 3(2) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 9

F2 Words in rule 3(2) omitted (1.1.2023) by virtue of The Armed Forces (Court Martial) (Amendment) Rules 2022 (S.I. 2022/1264), rules 1(2), 4

F3 Words in rule 3(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 385(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in rule 3(2) substituted (1.12.2020) by virtue of The Prison (Amendment) Rules 2005 2020 (c. 17), s. 416(1), Sch. 24 para. 385(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F5 Rule 3(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 385(3) (with Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

M1 1967 c. 80.

M2 1999 c. 23.

M3 S.I. 2009/988.