(This note is not part of the Rules)
These Rules amend the Courts-Martial (Royal Navy) Rules 1997 (“the 1997 Rules”). The amendments are for the most part consequential on the changes made by the Armed Forces Discipline Act 2000 to the functions of the prosecuting authority where an accused elects to be tried by court-martial.
Rule 2(3) amends rule 4 in the 1997 Rules which specifies the information to be provided by the higher authority referring the case to the prosecuting authority. By virtue of the amendment, the higher authority is required to notify the prosecuting authority where the accused has elected court-martial trial.
Rule 2(4) and (5) inserts rules 4A, 4B and 11A in the 1997 Rules. Rule 4A makes provision as to the exercise by the prosecuting authority of its functions in relation to referring back a case on withdrawal of an election for court-martial trial, where the election relates to two or more charges. Rules 4B and 11A similarly make provision as to the exercise by the prosecuting authority of its functions under section 52II of the Naval Discipline Act 1957 (which deals with the power of prosecuting authority to refer cases back to the commanding officer) where the election for court-martial trial relates to two or more charges.
Rule 2(6) amends rule 67 of the 1997 Rules so as to require the sentencing information to be provided to a court-martial to include particulars of any police caution received by the accused and notice of whether or not the accused elected court-martial trial.