The Courts-Martial (Royal Navy) Rules 2007

PART 1PRELIMINARY

1Citation and commencement

2Interpretation

3Service on an accused

PART 2PROSECUTION OF OFFENCES

4Referring a case to the prosecuting authority

5Withdrawal of election in a multiple charge case

6Referring back in a multiple charge case before charges are preferred

8Charges and joinder

9Notifying the accused’s commanding officer

10Notifying the court administration officer

11Notification of proceedings

12Discontinuing proceedings before arraignment

13Referring back in a multiple charge case after charges already preferred

14Amending charges and additional charges before arraignment

PART 3COURT ADMINISTRATION

15Delegation of the court administration officer’s functions

16Appointment of court officials

17Notification of time and place for hearing of the proceedings

18Ineligibility for membership of courts-martial

PART 4WITNESSES

19Notification of witnesses

20Witness not called by the prosecuting authority

21Issue of witness summons on application to a judge advocate

22Application for witness summons to produce a document, etc: special rules

23Application for witness summons to produce a document, etc: judge advocate’s assessment of relevance and confidentiality

24Power to require advance production

25Issue of witness summons of the judge advocate’s own motion

26Witness summons no longer needed

27Application to withdraw a witness summons

28Issue etc of witness summons and variation of requirements

29Service of witness summonses

30Procedure for the admission of evidence of bad character

31Procedure for the admission of hearsay evidence

32Additional evidence

PART 6PRELIMINARY PROCEEDINGS

33Preliminary hearing

34Preliminary hearing in open court

35Preliminary hearing without notice to the accused

36Challenges and oaths at a preliminary hearing

37Substance of a preliminary hearing

PART 7ARRAIGNMENT

41Alternative charges

42Procedure after not guilty plea

43Procedure after guilty plea

44Pleas of guilty and not guilty on one charge sheet

PART 8PROCEEDINGS AT COURT-MARTIAL

45Dispute on facts after plea of guilty

46Change of plea

47Additional charges after arraignment

48Changes to the charge sheet after arraignment

49Changes to the charge sheet by the judge advocate

PART 9GENERAL MATTERS

50Conduct of the defence

51The judge advocate

52The president of the board and members

53Sittings and adjournments

54Record of proceedings

55Challenges by the accused

56Oaths and affirmations

PART 10PROCEEDINGS AT TRIAL

57Commencement of the trial

58Judge advocate sitting alone

59Opening address

60Additional evidence during trial

61Expert evidence

63Presence of witnesses

64Evidence through live television

65Examination of witnesses

66Submission of no case to answer

67Finding of not guilty before conclusion of the defence

68The case for the defence

69Witnesses for the defence

70Further evidence

71Closing addresses

73Deliberation on finding

74Special finding

75Record of finding

76Offences taken into consideration

PART 11SENTENCING

77Sentencing procedure after guilty plea

78Pre-sentence report and previous convictions

79Evidence before sentencing

80Evidence on behalf of the accused

81Deliberation on sentence

82Postponement of deliberation on sentence

83Announcement of sentence

84Conclusion of the proceedings

PART 12REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

PART 13MISCELLANEOUS

87Appeal to the Courts-Martial Appeal Court

88Application of the rules to civilians

89Bankers’ Books Evidence Act 1879

90Circumstances not provided for

91Revocations and transitional proceedings

SCHEDULE 1CHARGES AND JOINDER

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

2More than one incident of the commission of the offence...

3(1) An charge sheet may contain more than one charge...

4The charges must be numbered consecutively

5Where an offence created by or under an enactment states...

6It shall be sufficient in a charge sheet to describe...

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

8Where the offence charged is one which may render the...

SCHEDULE 2FORMS

SCHEDULE 3PRELIMINARY HEARING

SCHEDULE 4OATHS AND AFFIRMATIONS

PART 1MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

1The person taking the oath shall hold the New Testament,...

2If any person to whom an oath is administered desires...

3If none of the forms of oath provided in this...

4A person making a solemn affirmation instead of taking an...

PART 2FORMS OF OATH

5President of the board and members other than the judge advocate

6Persons under instruction

8Witness aged 18 years or over

9Witness under the age of 18 years

PART 3FORM OF SCOTTISH OATHS

10The form of Scottish oath shall in each case be...

PART 4FORM OF SOLEMN AFFIRMATIONS

11The form of affirmation shall in each case be the...

SCHEDULE 5CIVILIANS

PART 1MODIFICATIONS FOR CIVILIANS

PART 2ADDITIONAL RULES FOR CIVILIANS

1Accused’s parent or guardian

SCHEDULE 6REVOCATIONS

2007 No. 3443

defence

The Courts-Martial (Royal Navy) Rules 2007

Made6th December 2007

Laid before Parliament10th December 2007

Coming into force1st January 2008

The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 58 and section 118(3A) and paragraph 17 of Schedule 4A of the Naval Discipline Act 19571, and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) of Schedule 7 to, the Criminal Justice Act 20032: