21.—(1) The court administration officer must exercise his functions (other than that of specifying the lay members for any proceedings) subject to any direction given by a judge advocate.
(2) The court administration officer may delegate any of his functions to a member of the Military Court Service.
22.—(1) Proceedings shall commence at such time and place as may be appointed by the court administration officer; but this is subject to paragraph (2).
(2) After the commencement of any proceedings, the court shall sit at such times and for such periods each day as the judge advocate may direct.
23.—(1) The court administration officer must serve notice of any time and place appointed by him for the commencement or resumption of any proceedings on—
(a)each person to whom the proceedings relate;
(b)the legal representative (if any) of each such person;
(c)the commanding officer of each such person;
(d)the Director;
(e)where the proceedings are for the hearing of an application, the applicant; and
(f)any such other person as the judge advocate or Judge Advocate General may direct.
(2) At the same time as serving notice under paragraph (1) of the time and place appointed for the commencement of any proceedings with lay members, or as soon as is reasonably practicable after doing so, the court administration officer must serve on the persons mentioned in that paragraph a notice of the name and relevant particulars of—
(a)each of the lay members; and
(b)any person specified as a waiting member under rule 38.
(3) In paragraph (2), “relevant particulars” means his rank or rate and his unit.
24. Where—
(a)an appellant fails to appear before the court at the time appointed for the commencement or resumption of the appellate proceedings, and
(b)the judge advocate considers that there is no reasonable explanation for the failure to appear,
the judge advocate may direct that the appeal be treated as abandoned.
25.—(1) Any person may (and, if in service custody, must) attend any proceedings by live link, if a judge advocate so directs.
(2) A person who attends any proceedings by live link, and could give oral evidence in the proceedings if he were in the place where the proceedings are being held, may give evidence by live link.
(3) In these Rules—
(a)“live link” means an arrangement by which a person, when not in the place where proceedings are being held, is able to see and hear, and to be seen and heard by, the court during proceedings (and for this purpose any impairment of eyesight or hearing is to be disregarded); and
(b)references to bringing a person before the court include bringing him to a place from which he can attend proceedings by live link.
(4) A direction under this rule may be given by—
(a)the judge advocate for the proceedings; or
(b)the judge advocate for any preliminary proceedings as respects which the proceedings are related proceedings.
(5) Rule 47(3) (effect of a direction given in preliminary proceedings) applies to a direction under this rule given in preliminary proceedings.
(6) Where a direction is given under this rule in relation to a witness, the witness may not give evidence otherwise than by live link without the leave of the judge advocate.
(7) A judge advocate may give a direction under this rule, or give permission for the purposes of paragraph (6)—
(a)on an application by a party to the proceedings; or
(b)of his own motion.
26. Proceedings may be held in the absence of any person to whom they relate, if the judge advocate so directs.
27.—(1) While the court is deliberating on—
(a)finding, or
(b)any other matter as respects which the judge advocate directs that this paragraph is to apply,
no other person may be present.
(2) While the court is deliberating on—
(a)punishment,
(b)an issue of fact being tried under rule 84, or
(c)any other matter as respects which the judge advocate directs that this paragraph is to apply,
no other person may be present except a person in attendance for instruction.
28.—(1) This rule applies where under these Rules an oath is required to be administered to a person.
(2) Sections 1 and 3 to 6 of the Oaths Act 1978 M1 shall apply, as modified by paragraph (3), as they would apply if the person were required to take an oath in England and Wales.
(3) Where section 1 or 6 of that Act applies by virtue of this rule, the reference in that section to the words of the oath prescribed by law is to be read as a reference to the words prescribed by Schedule 1 for a person of the class to which the person belongs.
Marginal Citations
29.—(1) Where an appellant is due to attend a hearing, the court administration officer, unless satisfied that the appellant does not need interpretation, shall appoint an interpreter to act at the hearing.
(2) Before an interpreter begins to act at a hearing, an oath shall be administered to the interpreter.
(3) Before an interpreter is sworn, the interpreter’s name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.
(4) If the judge advocate upholds any such objection, the interpreter shall not be sworn, and the court administration officer shall appoint another interpreter.
(5) On application or on his own initiative, the judge advocate may require a written translation of any document or part of a document to be provided for an appellant who needs interpretation, unless―
(a)translation of that document, or part, is not needed to explain the issues arising in the proceedings in relation to the appellant (including, in the case of an appeal against finding, the case against the appellant); or
(b)the appellant agrees to do without, and the judge advocate is satisfied—
(i)that the agreement is clear and voluntary; and
(ii)that the appellant has had legal advice or otherwise understands the consequences.
(6) On application by the appellant, the judge advocate shall give any direction which he thinks appropriate, including a direction for interpretation by a different interpreter, where―
(a)no interpreter is appointed, or no interpretation provided;
(b)no translation is ordered, or provided, in response to a previous application by the appellant; or
(c)the appellant complains about the quality of any interpretation or translation provided.
(7) In relation to an appellant who has a hearing or speech impediment, references in these Rules to an interpreter include a person appointed—
(a)to communicate to the appellant anything said at the hearing, and explain it so far as necessary to enable the appellant to understand it, or
(b)to communicate any answers given by the appellant, and any other matters that the appellant seeks to convey, and explain them so far as necessary to enable the court and others present at the hearing to understand them,
and references to interpretation shall be construed accordingly.
(8) In this rule references to acting at a hearing include assisting the appellant to communicate with the appellant’s legal representative during the hearing; and in relation to such assistance paragraph (7)(b) has effect as if the reference to the court and others present at the hearing were to the legal representative.]
Textual Amendments
F1Rule 29 substituted (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules. 1(2), 6
29A.—(1) Where the complainant is due to attend a hearing as a witness, the court administration officer, where satisfied that the person needs interpretation, shall appoint an interpreter to act at the hearing.
(2) The court administration officer may also appoint an interpreter for any other witness who is required to give evidence at a hearing, other than an appellant.
(3) Before an interpreter begins to act at a hearing, an oath shall be administered to the interpreter.
(4) Before an interpreter is sworn, the interpreter’s name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.
(5) If the judge advocate upholds any such objection, the interpreter shall not be sworn, and the court administration officer shall appoint another interpreter.
(6) On application or on his own initiative, the judge advocate may require a written translation of any document or part of a document to be provided for a complainant or other person who attends a hearing as a witness (other than an appellant) and who needs interpretation.
(7) In its application by virtue of paragraph (6), nothing in this rule is limited by anything in Chapter 7 of Part 11 (special measures directions).]
Textual Amendments
F2Rule 29A inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 4
30.—(1) A record must be made of any proceedings.
(2) The record of proceedings must include—
(a)a record of any application or notification made in accordance with Part 3;
(b)a record of any finding;
(c)a record of any punishment awarded;
(d)a record of any order made, and any direction or ruling given, by the judge advocate;
(e)a sound recording of the proceedings, and any transcript of it (signed by the transcriber)[F3;]
[F4(f)a record of the identity of any interpreter;
(g)a record of any decision on an application under rule 29(5);
(h)a record of any agreement under rule 29(5)(b) to do without a written translation of a document or part of a document; F5...
(i)a record of any direction given under rule 29(6) F6... [F7; and]]
[F8(j)a record of any decision on an application under rule 29A(6).]
(3) The court administration officer shall send a copy of the record of any preliminary proceedings to—
(a)the Judge Advocate General;
(b)the Director; and
(c)each appellant.
(4) Where a direction under rule 45 (preliminary proceedings in chambers) was given in relation to the proceedings, paragraph (3) shall have effect as if sub-paragraph (c) were omitted; and, where such a direction was given in relation to part of the proceedings, paragraph (3)(c) shall have effect in relation only to the record of the remainder.
(5) The record of proceedings shall be kept in the custody of the Judge Advocate General, together with any exhibits retained under rule 31 and any file of correspondence or other papers maintained by the court administration officer in connection with the proceedings, for at least six years from—
(a)in the case of appeal proceedings, the conclusion of the appeal proceedings;
(b)in the case of preliminary proceedings where there are no further proceedings, the conclusion of the preliminary proceedings;
(c)in any other case, the conclusion of the proceedings.
(6) A copy of the record of proceedings, or any part of it, shall be supplied on request—
(a)to any party to the proceedings, without charge, and
(b)to any other person, on payment of such charge as may be fixed by the Judge Advocate General,
but this is subject to paragraphs (7) and (8).
(7) Paragraph (6) does not require the supply of—
(a)a copy of the record of any proceedings held in camera, or in relation to which a direction under rule 45 (preliminary proceedings in chambers) was given;
(b)a copy of any part of a record of proceedings which relates to a part of the proceedings which was held in camera, or in relation to which such a direction was given.
(8) If, following a request for the supply of a copy of the record of proceedings or any part of it, the Secretary of State certifies that it is requisite for reasons of security that the record or part requested (or any part of it) should not be disclosed, paragraph (6) does not require the supply of the record or part requested (or the part of it to which the certificate relates).
Textual Amendments
F3Semi-colon in rule 30(2) substituted (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 7(a)
F4Rule 30(2)(f)-(i) inserted (27.10.2013) by The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013 (S.I. 2013/2527), rules 1(2), 7(b)
F5Word in rule 30(2)(h) deleted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 5(a)
F6Full stop in rule 30(2)(i) repealed (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 5(b)
F7Word in rule 30(2)(i) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 5(b)
F8Rule 30(2)(j) inserted (16.11.2015) by The Armed Forces (Service Courts Rules) (Amendment) Rules 2015 (S.I. 2015/1812), rules 1, 5(c)
31.—(1) Any exhibit admitted in evidence must be marked sequentially with either a number or a letter.
(2) Each exhibit, or a label attached to it, must be signed by or on behalf of the judge advocate.
(3) Each exhibit must be retained with the record of proceedings, unless the judge advocate otherwise directs.
32.—(1) The judge advocate must terminate any proceedings with lay members if—
(a)a lay member dies or is otherwise unable to continue to attend the proceedings; or
(b)the number of lay members discharged under rule 37(4) (objections to lay members) exceeds the number of waiting members.
(2) The judge advocate may terminate any proceedings if he considers it in the interests of justice to do so.
(3) The Judge Advocate General shall terminate proceedings if the judge advocate dies or is otherwise unable to continue to attend the proceedings.
(4) Where proceedings with lay members are terminated under this rule, the lay members shall be discharged.
(5) The termination of appeal proceedings under this rule shall not bar further appeal proceedings in relation to the same summary finding or punishment.
33. Subject to any other enactment (including any other provision of these Rules), the judge advocate shall ensure that proceedings are conducted—
(a)in such a way as appears to him most closely to resemble the way in which comparable proceedings of the Crown Court would be conducted in comparable circumstances; and
(b)if he is unable to determine how comparable proceedings of the Crown Court would be conducted in comparable circumstances, in such a way as appears to him to be in the interests of justice.