PART 2ADDITIONAL RULES FOR CIVILIANS
Prosecution of civilians
1.—(1) This rule applies where an accused has elected court-martial trial under article 16 of the Standing Civilian Courts Order 1997(1), or is to be treated under article 17 of that Order as if he had elected court-martial trial.
(2) On receipt of notice of the election, the prosecuting authority shall determine whether the charge is to be tried by general court-martial or district court-martial.
(3) Subject to paragraph (4), an accused shall be treated for the purposes of these Rules as if he had been notified by his commanding officer that he is to be tried by court-martial under rule 13.
(4) The prosecuting authority shall serve on the accused and the court administration officer a charge sheet appropriate for the court-martial trial.
Accused’s parent or guardian
2.—(1) This rule applies where—
(a)an accused is under the age of 18 years, or
(b)the offence with which the accused is charged is alleged to have been committed during a period of parental recognisance.
(2) Where the prosecuting authority or the court administration officer is required to serve any document on the accused under these Rules, he shall as soon as is practicable serve a copy of that document on a parent or guardian of the accused who is a service parent or guardian.
(3) Where the accused has not appointed a legal representative, any parent or guardian of the accused may exercise on behalf of the accused the rights granted to the accused in these Rules and may represent the accused in any proceedings of the court-martial in such matter and to such extent as the judge advocate thinks fit.
(4) The judge advocate shall issue a witness summons in accordance with rule 24 in respect of any parent or guardian on whom a document has been served in accordance with paragraph (2) to attend the court-martial.
(5) Any parent or guardian of the accused may, if present—
(a)give evidence on oath and call witnesses; and
(b)address the court.