The Armed Forces (Summary Appeal Court) Rules 2009

CHAPTER 1 U.K. APPEAL AGAINST FINDING

Address to the court U.K.

75.—(1) If the appeal is an appeal against finding, and without prejudice to paragraphs (3) and (4), the Director and the appellant may each address the court once with respect to the case against the appellant on the charges being heard by the court.

(2) For the purposes of paragraph (1)—

(a) the Director shall address the court immediately before adducing any evidence; and

(b) the appellant shall address the court immediately after the close of his own case or, where there is more than one appellant, after the close of the case for all of the appellants.

(3) The Director or appellant may with the leave of the court address it at any time during the hearing on any matter relating to the appeal or the charges which are being heard by the court.

(4) The court shall not exercise its powers under section 147(1)(b) to substitute another finding without affording the appellant and the Director the opportunity to address it on the exercise of those powers in the particular case.

Provisions which are to apply when there are two or more appellants U.K.

76.—(1) This rule shall apply when the court has, in accordance with rule 48, decided to hear appeals by more than one appellant at the same time.

(2) The respondent's case on each of the charges before the court shall be put before the case of any of the appellants, and the Director may make only one address in pursuance of rule 75(1).

(3) Before the opening of the respondent's case, the judge advocate shall decide the order which the appellants are to put their case and to address the court in pursuance of rule 75(1).

(4) Where the same legal representative represents two or more appellants, he may make only one address to the court in pursuance of rule 75(1).

(5) The court shall not close to deliberate on its findings until the close of the case for each of the appellants and each of the appellants have had the opportunity to address the court in pursuance of rule 75(1).

Examination of witnesses U.K.

77.—(1) The judge advocate may question any witness, or put to the witness a question from a lay member.

(2) If it appears to the judge advocate to be in the interests of justice, the court may—

(a) allow the cross-examination or re-examination of a witness to be postponed;

(b) call any witness whom it has not already heard;

(c) recall a witness;

(d) permit any party to recall a witness;

(e) permit the Director to call a witness after the close of the case for the respondent; or

(f) permit an appellant to give evidence after calling another witness.

Presence of witnesses U.K.

78.—(1) Except for an appellant and any expert or character witness, a witness as to fact shall not, except by leave of the judge advocate, be in court while not under examination.

(2) If while a witness is under examination a question arises as to the admissibility of a question or otherwise with regard to the evidence, the judge advocate may direct the witness to withdraw until the question is determined.

(3) The judge advocate may direct any expert or character witness present in court to withdraw if the judge advocate considers his presence undesirable.

(4) For the purposes of this rule a witness is in court if he is able to see and hear the court through a live link.

Submission of no case to answer U.K.

79.—(1) At the close of the case for the respondent an appellant may submit, in respect of any charge, that the Director has failed to establish a case for him to answer.

(2) Without prejudice to the generality of rule 40, the judge advocate shall hear and rule on such a submission in the absence of the lay members.

(3) If such a submission is allowed, the judge advocate shall direct the court to quash the finding.

The case for the appellant U.K.

80.  Subject to rule 77(2), where an appellant gives evidence, he must do so before calling any other witness.

Finding for the appellant before conclusion of the case for the appellant U.K.

81.—(1) At any time after the close of the case for the respondent, the court may find an appellant not guilty on a charge.

(2) The court may not make a finding under this rule before the summing-up unless the judge advocate has invited the Director to address the court as to whether such a finding should be made.

Announcement of findings U.K.

82.  The finding of the court shall be announced by the judge advocate.