PART 1U.K.PRELIMINARY
Citation and commencementU.K.
1. These Rules may be cited as the Armed Forces (Summary Appeal Court) Rules 2009 and shall come into force on 31st October 2009.
Interpretation: proceedings and partiesU.K.
2.—(1) Unless otherwise stated, any reference in these Rules to proceedings includes—
(a)preliminary proceedings,
(b)appeal proceedings,
[F1(c)variation proceedings,]
but does not include the exercise of any power of the court otherwise than at a hearing.
(2) In these Rules—
“ancillary proceedings” means proceedings under—
rule 16 for an extension of the initial period or an application for leave to appeal out of time; and
rule 17 for the consideration of a matter referred to the court by the reviewing authority under section 152(4) or (7);
“appeal proceedings” means proceedings for the hearing of an appeal under section 146;
“preliminary proceedings” means any proceedings of the court held for the purpose of giving directions, orders or rulings for the purpose of appeal or ancillary proceedings;
“
”, in relation to preliminary proceedings, means—appeal proceedings in respect of any charge to which the preliminary proceedings relate; and
any further preliminary proceedings in relation to such appeal proceedings;
[F2“variation proceedings” means proceedings under Part 12A.]
(3) References in these Rules to a party to any proceedings are to—
(a)a person to whom the proceedings relate (“the appellant”);
(b)the Director; and
(c)where the proceedings are for the hearing of an application (and the applicant is not a person to whom the proceedings relate), the applicant.
(4) References in these Rules to a person to whom proceedings relate are to—
(a)in the case preliminary or appeal proceedings, an appellant;
(b)in the case of a hearing under rule 89 (certification of contempt of court), the person whose offence the court is to consider certifying;
[F3(c)in the case of variation proceedings, an offender in respect of whom a sentence which falls to be varied has been imposed or confirmed.]
(5) In these Rules—
“the Director” means the Director of Service Prosecutions;
“appellant” means a person who brings an appeal under section 141 or on whose behalf a reviewing authority seeks leave to refer a finding or punishment to the court under section 152.
Textual Amendments
F1Rule 2(1)(c) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(a)
F2Words in rule 2(2) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(b)
F3Rule 2(4)(c) inserted (13.11.2023) by The Armed Forces (Amendment of Court Rules) Rules 2023 (S.I. 2023/1097), rules 1(2), 7(1)(c)
Interpretation: generalU.K.
3.—(1) Any reference in these Rules to a numbered section is to that section of the Act unless otherwise stated.
(2) In these Rules—
“the Act” means the Armed Forces Act 2006;
“the 1967 Act” means the Criminal Justice Act 1967 M1;
“the 2003 Act” means the Criminal Justice Act 2003;
“the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M2;
“advance information” has the meaning given by rule 42(2);
“bad character” has the meaning given by section 98 of the 2003 Act;
“civilian police force” means a UK police force or a British overseas territory police force;
[F4“the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;]
“the court” means the Summary Appeal Court;
“DX” means document exchange;
“the judge advocate”, in relation to any proceedings, means the judge advocate specified for the proceedings under section 142(3);
“lay members” means those persons who are members of the court by virtue of section 142(1)(b) or (c);
“legal representative” means a person appointed under rule 41;
“live link” has the meaning given by rule 25(3)(a);
“pre-sentence report” has the meaning given by section 257; and
“unit” means—
a naval ship or establishment;
any body of members of Her Majesty's forces formed under the command of a person appointed to be the commanding officer of the body; or
an air force station.
Textual Amendments
F4Words in rule 3(2) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 3
Marginal Citations