Armed Forces Discipline Act 2000

Armed Forces Discipline Act 2000

2000 CHAPTER 4

Commentary on Sections

Section 22: Rules

54. This section inserts a new section into each of the SDAs.

Subsection (1) inserts a new section 83ZJ into both the Army and Air Force Acts 1955. This section provides that the Secretary of State may, by statutory instrument, make rules to regulate the practice and procedure of the court. These rules of practice and procedure will deal with a number of matters set out in detail in the section, although this list is not exhaustive.  Examples of these are:

• the procedure to be followed when the court deals with matters at a preliminary hearing before a full appeal hearing, such as giving directions or making preliminary rulings on, for example, admissibility of evidence,

• allowing the appellant to object to members of the court, and

• the admissibility of evidence.

The section also provides that any legislation relating to the practice and procedure of courts-martial may be applied to the summary appeal court with any appropriate modifications.

Subsection (2) inserts a new section 52FP into the Naval Discipline Act 1957.  This section is similar in effect to that described in subsection (1) above.