The Armed Forces (Summary Appeal Court) Rules 2009

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—

(a)

rule 16 for an extension of the initial period or an application for leave to appeal out of time; and

(b)

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;

“related proceedings”, in relation to preliminary proceedings, means—

(a)

appeal proceedings in respect of any charge to which the preliminary proceedings relate; and

(b)

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

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)

a naval ship or establishment;

(b)

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

(c)

an air force station.

Textual Amendments

Marginal Citations