The Armed Forces (Summary Appeal Court) Rules 2009

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation: proceedings and parties

   3. 3. Interpretation: general

3. PART 1A THE OVERRIDING OBJECTIVE

   1. 3A. The overriding objective

   2. 3B. The duty of the participants in a case

   3. 3C. The application by the court of the overriding objective

4. PART 2 SERVICE OF DOCUMENTS

   1. 4. Interpretation of Part 2

   2. 5. Service on a person to whom proceedings relate

   3. 6. Service on the court administration officer

   4. 7. Service on the Director

   5. 8. Service on other individuals

   6. 9. Service on a corporation

   7. 10. Service by another method

   8. 11. Service by commanding officer

   9. 12. Service by fax or electronic means

   10. 13. Date of service

   11. 14. Proof of service

5. PART 3 BRINGING AN APPEAL

   1. CHAPTER 1 APPEALS BROUGHT BY A PERSON TO WHOM A CHARGE RELATES

      1. 15. Notice of appeal

      2. 16. Application to extend initial period or for leave to appeal out of time

   2. CHAPTER 2 APPLICATION OR NOTIFICATION BY THE REVIEWING AUTHORITY

      1. 17. Application by the reviewing authority

      2. 18. Notification by the reviewing authority

   3. CHAPTER 3 UNCONTESTED APPEALS

      1. 19. Director to give notice of intention on receipt of notice of appeal

      2. 20. Powers of the court in uncontested appeals

6. PART 4 PROCEEDINGS: GENERAL

   1. 21. The court administration officer

   2. 22. Listing of proceedings

   3. 23. Notification of proceedings

   4. 24. Abandonment of appeal

   5. 25. Live links

   6. 26. Proceedings in absence of appellant etc

   7. 27. Deliberation in private

   8. 28. Oaths and affirmations

   9. 29. Interpretation, translation and communication through an intermediary

   10. 29A. Interpretation, translation for persons other than the appellant

   11. 30. Record of proceedings

   12. 31. Exhibits

   13. 32. Termination of proceedings

   14. 33. Circumstances not provided for

7. PART 5 MEMBERS OF THE COURT

   1. 34. Proceedings without lay members

   2. 35. Powers that may be exercised by a judge advocate

   3. 36. Persons ineligible for membership in particular circumstances

   4. 37. Objections to lay members

   5. 38. Waiting members

   6. 39. Swearing of lay members

   7. 40. Judge advocate's power to direct lay members to withdraw

8. PART 6 ASSISTANCE AND REPRESENTATION

   1. 41. Legal representatives

9. PART 7 ADVANCE INFORMATION

   1. 42. Service of advance information

10. PART 8 PRELIMINARY PROCEEDINGS

    1. 43. Listing of proceedings

    2. 44. Listing of further preliminary proceedings

    3. 45. Preliminary proceedings in chambers without notice to appellant

    4. 46. Outline of respondent's case

    5. 47. Powers of judge advocate

11. PART 9 JOINDER OF APPEALS

    1. 48. Power of the court to hear more than one appeal at the same time

12. PART 10 ATTENDANCE OF WITNESSES

    1. 49. Notification of witnesses

    2. 50. Issue of witness summons on application to a judge advocate

    3. 51. Application for witness summons to produce a document, etc: judge advocate's assessment of relevance and confidentiality

    4. 52. Issue of witness summons of judge advocate's own motion

    5. 53. Application to withdraw a witness summons

    6. 54. Oral applications

    7. 55. Further process to secure attendance of witness

    8. 56. Review of custody of witness

    9. 57. Entitlement to witness expenses

13. PART 11 EVIDENCE

    1. CHAPTER 1 General

       1. 58. Application and interpretation of Part 11

       2. 59. Rules of evidence

       3. 60. Oral testimony to be given on oath

       4. 61. Proof by written statement

       5. 62. Proof by formal admission

       6. 63. Use of documents to refresh memory

    2. CHAPTER 2 Evidence of bad character

       1. 64. Notice of intention to adduce evidence of an appellant's bad character

       2. 65. Application to exclude evidence of an appellant's bad character

       3. 66. Application for leave to adduce evidence of the bad character of a non-appellant

    3. CHAPTER 3 Hearsay evidence

       1. 67. Notice of intention to adduce hearsay evidence

       2. 68. Counter-notice objecting to the admission of hearsay evidence

    4. CHAPTER 4 Evidence of service matters

       1. 69. Evidence of enlistment

       2. 70. Evidence as to service etc

       3. 71. Service records

       4. 72. Defence Council instructions, regulations and certificates

       5. 73. Standing or routine orders

    5. CHAPTER 5 Expert evidence

       1. 74. Expert evidence

    6. CHAPTER 6 Use of specimens in relation to offences under sections 20(1)(a) and 20A of the Armed Forces Act 2006

       1. 74A. Application and interpretation

       2. 74B. Use of specimens

       3. 74C. Documentary evidence as to specimens

    7. CHAPTER 7 Special Measures Directions

       1. 74D. Interpretation of Chapter 7

       2. 74E. Witnesses eligible for assistance on grounds of age or incapacity

       3. 74F. Witnesses eligible for assistance on grounds of fear or distress about testifying

       4. 74G. Special measures available

       5. 74H. Special measures direction relating to eligible witness

       6. 74I. Evidence given in private

       7. 74J. Video recorded evidence in chief

       8. 74K. Examination of witness through intermediary

       9. 74L. Application for special measures direction: general

       10. 74M. Application for special measures direction permitting admission of video recorded evidence in chief

       11. 74N. Variation or discharge of special measures direction

       12. 74O. Warning to lay members

14. PART 12 HEARING OF AN APPEAL: PROCEDURE

    1. CHAPTER 1 APPEAL AGAINST FINDING

       1. 75. Address to the court

       2. 76. Provisions which are to apply when there are two or more appellants

       3. 77. Examination of witnesses

       4. 78. Presence of witnesses

       5. 79. Submission of no case to answer

       6. 80. The case for the appellant

       7. 81. Finding for the appellant before conclusion of the case for the appellant

       8. 82. Announcement of findings

    2. CHAPTER 2 APPEAL AGAINST PUNISHMENT

       1. 83. Application and interpretation of this Chapter

       2. 84. Dispute on facts

       3. 85. Pre-sentence report and previous convictions

       4. 86. Information before punishment

       5. 87. Mitigation of punishment

       6. 88. Pronouncement of punishment

15. Part 12A Variation Proceedings

    1. 88A. Application of Part 12A

    2. 88B. Interpretation of Part 12A

    3. 88C. Power to vary punishment

    4. 88D. Direction that variation proceedings be held

    5. 88E. Direction that variation proceedings be held without lay members

    6. 88F. Attendance of lay members by live link

    7. 88G. Decision on variation of punishment

    8. 88H. Announcement of varied punishment

    9. 88I. Power to order appellant’s release from detention

16. PART 13 ANCILLARY PROCEEDINGS

    1. 89. Certification of contempt of court

17. PART 14 RESTRICTIONS ON PUBLIC ACCESS AND REPORTING

    1. 90. Proceedings in camera

    2. 91. Withholding of matter from the public in proceedings before the court

18. PART 15 APPLICATION TO THE COURT TO STATE A CASE

    1. 92. Application for case to be stated

    2. 93. Procedure on stating a case

    3. 94. Supplementary provisions relating to stating a case

19. PART 16 TRANSITORY AND TRANSITIONAL PROVISIONS

    1. 95. Transitory provisions

    2. 96. Transitional

20. PART 17 REVOCATIONS

    1. 97. Revocations

21. Signature

22. 1. SCHEDULE 1

       OATHS AND AFFIRMATIONS

       1. The words prescribed are— (a) for lay members “… I...

    2. SCHEDULE 2

       TRANSITIONAL PROVISIONS

       1. PART 1 GENERAL

          1. 1. Interpretation

          2. 2. Record of Summary Appeal Court proceedings

          3. 3. Persons ineligible for membership in particular circumstances

       2. PART 2 STEPS TAKEN BEFORE COMMENCEMENT

          1. 4. Service of documents

          2. 5. Court administration officers

          3. 6. Prosecuting officers

          4. 7. Legal representatives

          5. 8. Appeal or application to be treated as made in accordance with these Rules

          6. 9. Directions etc

       3. PART 3 EVIDENCE

          1. 10. Proof by written statement

          2. 11. Evidence of enlistment or entry for service

          3. 12. Documents signed by or on behalf of a person's commanding officer

       4. PART 4 PUNISHMENT

          1. 13. SDA offences

23. Explanatory Note