The Armed Forces (Summary Appeal Court) Rules 2009

Explanatory Note

(This note is not part of the Rules )

The Armed Forces Act 2006 (c. 52) (“the Act”) creates a standing Summary Appeal Court. These Rules provide for the practice and procedure to be followed at the Summary Appeal Court, administrative matters of the court and also make provision with regard to evidential matters such as bad character and hearsay evidence.

Part 2 of these Rules makes provision with regard to the service of documents on different people and sets out when service is deemed to have occurred depending upon the method of service.

Part 3 deals with the proceedure for bringing an appeal. Chapter 1 makes provision for the service of an appeal notice and for applications to extend the period in which to appeal or to appeal out of time (rule 16). Chapter 2 sets out the proceedure for a reviewing authority to notify the court of new matters or to refer a finding or punishment to the court as on appeal under section 152 of the Act. Chapter 3 makes provision for the quashing of findings on uncontested appeals.

Part 4 deals with administrative matters including listing and notification of proceedings (rules 23), providing that a judge advocate may direct attendance at court by live link (rule 25) and the making and retention of records of proceedings (rule 30). Rule 28 provides that oaths taken at the Summary Appeal Court are to be the same as those in sections 1 to 3 and 6 of the Oaths Act 1978 (c. 19) as modified by Schedule 1 to these Rules. Rule 32 sets out the circumstances in which a judge advocate must terminate proceedings.

Part 5 deals with court membership including when a judge advocate is to sit alone (rule 34) and details those persons ineligable for membership of the court (rule 36).

Part 6 sets out who may be a legal representative at court (rule 41).

Part 7 provides for service of advance information.

Part 8 makes provision with regard to preliminary hearings including the power of a judge advocate to make orders or rulings on matters such as the admissibility of evidence and other questions of law, practice or procedure (rule 47).

Part 9 provides for the joinder appeals.

Part 10 is concerned with the attendance of witnesses at court and provides for matters such as the notification of witnesses (rule 49), summonsing of witnesses (rules 50 to 54) and the powers of a judge advocate to issue warrants for the arrest of witnesses in order to secure their attendance at court (rule 55).

Part 11 deals with evidence and applies provisions that operate in the civilian courts. This part is divided into chapters that in their turn deal with: general evidential matters (chapter 1) (applying provisions of the Criminal Justice Act 1967 (c. 80) to the Summary Appeal Court); evidence of bad character (chapter 2) (applying provisions of the Criminal Justice Act 2003 (c. 44) to the Summary Appeal Court); hearsay evidence (chapter 3) (applying further provisions of the 2003 Act to the court); evidence of service matters (chapter 4) (which is equivalent to provisions made under section 372 of the Act for civilian courts); and expert evidence (chapter 5).

Part 12 sets out the procedure to be followed at an appeal hearing.

Part 13 is concerned with ancillary proceedings when the court decides to exercise its powers under section 311(2) of the Act and certify a person for contempt of court (rule 89).

Part 14 sets out the power of a judge advocate to order that proceedings are held in camera, including on the bases that otherwise information useful to an enemy may be disclosed or national security endangered (rule 90).

Part 15 makes provisions for applications for a case to be stated for the opinion of the High Court.

Part 16 makes transitory and transitional provisions. Rule 95 provides that until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) is in force all references in the Rules to the Court of Judicature of Northern Ireland are to be read as references to the Supreme Court of Northern Ireland. Rule 96 introduces Schedule 2 which sets out transitional provisions.

Part 17 revokes the Summary Appeal Courts (Amendment) Rules 2005.