The Rules of Procedure (Air Force) (Amendment) Rules 1991

Explanatory Note

(This note is not part of the Rules)

These Rules further amend the Rules of Procedure (Air Force) 1972, consequent upon the passing of the Criminal Justice Act 1988 (c. 33) (the 1988 Act) and the Armed Forces Act 1991 (c. 62) (the 1991 Act). The amendments are contained in the Schedule to the Rules.

Paragraph 1 provides for amendments to the forms for statements of offence for charges under the Air Force Act 1955 (the 1955 Act) in respect of offences relating to property and in respect of new offences under the 1991 Act of intentionally obstructing a person exercising a power under child assessment and protection orders.

Paragraph 2 rectifies omissions by providing for forms in respect of mandatory and discretionary sentences of custody for life for juveniles under the 1955 Act. Additionally, provision is made for the court to record in the discretionary sentence as to its satisfaction that the accused qualifies for the sentence.

Paragraph 3 provides for a replacement form for custodial orders for young service offenders. Additional provision is made for the court to record as to its satisfaction that the accused qualifies for the sentence.

Paragraph 4 makes provision for the circumstances in which a civilian accused may withdraw his election to be tried by court-martial.

Paragraph 5 makes similar provision for forms for sentences of young civilian offenders to whom Part II of the 1955 Act applies as is made by paragraph 3 for young service offenders, and deletes the form for reception orders following the removal by the 1991 Act of the power of courts-martial or Standing Civilian Courts to make such orders.

Paragraph 6 makes amendments to the list of persons to whom a petition may be presented by civilians to whom Part II of the 1955 Act applies consequent on changes effected by the 1988 Act and the 1991 Act.