- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Armed Forces (Court Martial) Rules 2009, Section 68.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
68.—(1) If the judge advocate is satisfied by evidence on oath that—
(a)a person is likely to be able to give material evidence or produce any document or other thing likely to be material evidence in the proceedings,
(b)that it is in the interests of justice that the person should attend to give evidence or to produce the document or thing, and
(c)it is probable that a witness summons issued under rule 63 or 65 would not procure his attendance,
the judge advocate may, instead of issuing a witness summons, issue a warrant to arrest that person and bring him before the court.
(2) Where—
(a)any person has failed to attend before the court in answer to a witness summons issued under rule 63 or 65,
(b)the judge advocate is satisfied by evidence on oath that—
(i)the person is likely to be able to give evidence likely to be material evidence or produce any document or other thing likely to be material evidence in the proceedings, and
(ii)the person has been duly served with the witness summons and that a reasonable sum has been paid or tendered to him for costs and expenses, and
(c)it appears to the judge advocate that there is no just excuse for the person's failure to attend,
the judge advocate may issue a warrant to arrest the person and bring him before the court.
(3) Subject to paragraph (4), a warrant issued under this rule shall be addressed to—
(a)one or more service policemen; or
(b)one or more officers of a civilian police force.
(4) A warrant issued under this rule may not be addressed to a service policeman unless it appears to the judge advocate that the person for whose arrest it is issued is subject to service law or is a civilian subject to service discipline.
(5) Where a person has been arrested by an officer of a civilian police force under a warrant issued under this rule, he must be transferred to service custody as soon as is practicable.
(6) Where a person has been arrested under a warrant issued under this rule and is in service custody—
(a)he must as soon as is practicable be brought before a judge advocate for a review of whether he should continue to be kept in service custody until he can be brought before the court; and
(b)if he has not been brought before a judge advocate for such a review within 48 hours of the arrest he must be released.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: