The Standing Civilian Courts Order 1997

PART IPRELIMINARY

1Citation and commencement

2Interpretation

3Delegation of the court administration officer’s functions

PART IIPROSECUTION OF OFFENCES

5Referring a case to the prosecuting authority

6Conduct of the prosecution

8Charges and joinder

9Notifying the court administration officer

10Summoning the accused

11Informing a parent or guardian of the accused

12Notifying the magistrate and commanding officer

13Changes to the charge sheet before trial

14Change in date, time or place of trial

15Objection before trial to member or assessor

16Election of trial by court-martial

17Election where more than one accused

18Steps to be taken where accused elects

19Withdrawal of election

PART IIIGENERAL MATTERS

20Conduct of the defence

21Representation of the accused

22Appointment of court officials

23Additional evidence before trial

24Witnesses not called by the prosecutor

25Witnesses for the accused

26Witness summons

27The magistrate

28Functions of assessors

29Swearing in of magistrates, members and assessors on appointment

31Bankers’ Books Evidence Act 1879

PART IVPROCEDURE AT THE HEARING

32Opening of proceedings

33Accused not appearing

34Explaining function of members and assessors

35Arraignment of accused

36Ascertainment of accused’s age

37Opportunity to elect trial by court-martial

38Objections in court

39Applications before pleading

41Plea to the charge

43Alternative charges

44Changes to the charge sheet during trial

45Changes to the charge sheet by the court

46Procedure after guilty plea

47Pleas of guilty and not guilty on one charge sheet

48Dispute on facts after finding of guilty

49Change of plea

50Procedure after not guilty plea

51Adjournment and sittings

52View by the court

53Conclusion of trial in interests of justice

54Member or assessor not to sit after absence

55Adjournment of case where court ceases to be properly constituted

56Additional evidence during trial

57Expert evidence

59Presence of witnesses

60Evidence through television link

61Video recordings of testimony from child witnesses

62Examination of witnesses

63Submission of no case to answer

64Finding of not guilty before conclusion of the defence

65The case for the defence

66Witnesses for the defence

67Further evidence

68Closing addresses

69Deliberation on finding

70Special finding

71Record of finding

72Offences taken into consideration

PART VSENTENCING

73Pre-sentence report

74Evidence before sentencing

75Evidence on behalf of the accused

76Opportunity for parent to be heard

77Deliberation on sentence

78Postponement of deliberation on sentence

79Deferment of award of sentence

80Form of sentence

81Announcement of sentence and conclusion of trial

82Unfitness to stand trial and insanity

83Note of proceedings

PART VIREVIEW AND APPEAL

85Notice of appeal

86Modification of the 1955 Act for appeals

PART VIIMISCELLANEOUS

87Re-trial following adjournment

88Forwarding the proceedings

89Custody of the proceedings

90Loss of the proceedings

91Application of certain enactments

92Circumstances not provided for

93Revocation and savings

SCHEDULE 1CHARGES AND JOINDER

1(1) A charge sheet shall be in the form specified...

2(1) Subject only to the provisions of paragraph 3 of...

3Where the specific offence with which an accused person is...

4Where an offence created by or under an enactment states...

5It shall be sufficient in a charge sheet to describe...

6Charges for any offences may be joined in the same...

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

SCHEDULE 2FORMS

SCHEDULE 3OATHS AND AFFIRMATIONS

PART IMANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

1An oath may be administered by the person swearing the...

2A Scottish oath may be administered by the person swearing...

3An oath may be administered in such manner as the...

4A witness under 17, or over 17 but where no...

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

PART IIFORM OF OATHFORM OF OATH ON APPOINTMENT

6Magistrate and member of the court

FORM OF OATH IN COURT

FORM OF PROMISE

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

PART IIIFORM OF SCOTTISH OATHS

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

PART IVFORM OF SOLEMN AFFIRMATIONS

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

SCHEDULE 4APPLICATION AND MODIFICATION OF ENACTMENTS

SCHEDULE 5REVOCATIONS

1997 No. 172

DEFENCE

The Standing Civilian Courts Order 1997

Made12th February 1997

Laid before Parliament14th February 1997

Coming into force1st April 1997

The Secretary of State, in exercise of the powers conferred on him by paragraphs 1 and 12 of Schedule 3 to the Armed Forces Act 19761, hereby makes the following Order:—