PART 1PRELIMINARY

Interpretation: proceedings and parties2

1

Unless otherwise stated, any reference in these Rules to proceedings includes—

a

preliminary proceedings,

b

trial proceedings,

c

sentencing proceedings,

d

variation proceedings,

e

appellate proceedings,

f

activation proceedings, and

g

ancillary proceedings,

but does not include the exercise of any power of the court otherwise than at a hearing.

2

In these Rules—

  • “activation order” means—

    1. a

      an order under F1paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code (activation of suspended sentence of imprisonment);

    2. b

      an order under section 191(3) (activation of suspended sentence of service detention); or

    3. c

      an order under section 214(3) (reactivation of detention and training order);

  • “activation proceedings” means proceedings for the making of an activation order, but does not include sentencing proceedings in which the court has power to make such an order;

  • “ancillary proceedings” means—

    1. a

      a hearing under rule 127 of an application under section 285(4) for leave to appeal out of time from the Service Civilian Court; and

    2. b

      proceedings under any provision of Part 18;

  • “appellate proceedings” means proceedings of the court (other than sentencing proceedings) on appeal from the Service Civilian Court;

  • “community order proceedings” means any proceedings under Chapter 1 of Part 18;

  • F2“domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;

  • “preliminary proceedings” means any proceedings of the court held for the purpose of arraigning a defendant on a charge or giving directions, orders or rulings for the purpose of trial proceedings;

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

    1. a

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

    2. b

      any further preliminary proceedings in relation to such trial proceedings; and

    3. c

      any sentencing proceedings in respect of any offence found proved in such trial proceedings, or as respects which the offender pleads guilty in the preliminary proceedings or related proceedings;

  • “sentencing proceedings” means proceedings for the sentencing of—

    1. a

      a person convicted by the court on a plea of guilty or in trial or appellate proceedings, or

    2. b

      a person convicted by the Service Civilian Court who appeals against sentence,

    and does not include variation proceedings;

  • “trial proceedings” means proceedings for the trial of a charge by the court (including proceedings authorised by an order of the Appeal Court under section 19 of the 1968 Act), and does not include sentencing proceedings;

  • “variation proceedings” means proceedings under Part 15.

3

References in these Rules to a party to any proceedings are to—

a

a person to whom the proceedings relate;

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 of preliminary or trial proceedings, a defendant;

b

in the case of sentencing proceedings, an offender who falls to be sentenced;

c

in the case of variation proceedings, an offender in respect of whom a sentence which falls to be varied has been passed;

d

in the case of appellate proceedings, an appellant;

e

in the case of activation proceedings, the offender in respect of whom the court has power to make an activation order;

f

in the case of community order proceedings, the offender in respect of whom the overseas community order was made;

g

in the case of a hearing of an application under section 232(1) for the variation or revocation of a service restraining order, the person in respect of whom the service restraining order was made;

h

in the case of a hearing of any other application (other than community order proceedings), the applicant;

i

in the case of proceedings under section 229 (service restraining orders) in respect of a case remitted to the court by the Appeal Court under section 230(3), the person whose appeal was allowed; and

j

in the case of a hearing under rule 151 (certification of contempt of court), the person whose offence the court is to consider certifying.

5

In these Rules—

  • “the Director” means the Director of Service Prosecutions;

  • “defendant” means a person against whom a charge allocated for Court Martial trial has been brought.