The Court Martial Appeal Court Rules 2009

Interpretation U.K.

2.—(1) Unless otherwise stated, any reference in these Rules to a numbered section is to that section of the 1968 Act.

(2) In these Rules—

“the 1968 Act” means the Court Martial Appeals Act 1968 M1 ;

“the 1995 Act” means the Criminal Appeal Act 1995 M2 ;

“the 1998 Act” means the Human Rights Act 1998 M3 ;

“the 2003 Act” means the Criminal Justice Act 2003 M4 ;

“the 2006 Act” means the Armed Forces Act 2006;

“the 2009 Regulations” means the Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009 M5 ;

“the court” means the Court Martial Appeal Court;

“the Commission” means the Criminal Cases Review Commission;

[F1 “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 administration officer” means the court administration officer for the Court Martial appointed under section 363 of the 2006 Act;

“the custodian” means, in relation to a person who is in custody, the person in charge of the place where he is detained;

“DX” means document exchange;

“defendant” means—

(a)

a person against whom a charge regarded for the purposes of Part 5 of the 2006 Act as allocated for Court Martial trial has been brought;

(b)

the appellant in proceedings of the Court Martial on appeal from the Service Civilian Court; or

(c)

a person whose retrial has been authorised by an order of the court under section 19;

“the Director” means the Director of Service Prosecutions appointed under section 364(1) of the 2006 Act and any reference to the Director in these Rules includes a reference to a prosecuting officer appointed by him under section 365(1) of the 2006 Act;

“exhibit” means any document or thing which has been produced and used in evidence at a trial by the Court Martial, whether it is attached to the proceedings of the Court Martial or not;

“judge advocate” means the judge advocate specified by or on behalf of the Judge Advocate General under section 155(5) of the 2006 Act for the proceedings to which the appeal relates;

“legal representative” means a person appointed under rule 18(1);

“person to whom proceedings relate” means—

(a)

with respect to an appeal against an order or ruling made in preliminary proceedings, the defendant to whom the preliminary proceedings relate;

(b)

with respect to an appeal against a reporting or public access order, the defendant in the proceedings of the Court Martial to which the order relates;

(c)

in the case of an appeal or an application for permission to appeal under section 8 against conviction or sentence (including a service restraining order M6 ), the appellant or applicant, as the case may be;

(d)

in the case of an appeal under section 21 (against a finding of not guilty by reason of insanity), the person who has been found not guilty by reason of insanity;

(e)

in the case of an appeal under section 24 (against a finding of being unfit to stand trial or of having done the act or made the omission charged against him, or against both findings), the person found to be unfit to stand trial and to have done the act or made the omission;

(f)

in the case of an appeal under section 25A (against a hospital order, an interim hospital order or a service supervision order), the person subject to the order;

(g)

in the case of a reference to the court under section 273(1) of the 2006 Act (unduly lenient sentence), an application for permission to refer a case under that provision, or a reference of a point of law under section 274(1) of that Act, the offender;

(h)

in the case of an application to the court under section 39 (which relates to applications to the Supreme Court on a point of law), the accused (within the meaning of that section).

“preliminary proceedings” means any proceedings of the Court Martial held for the purpose of—

(a)

arraigning a defendant on a charge; or

(b)

giving any direction or making any order or ruling for the purpose of trial proceedings against a defendant;

“prescribed period” shall be construed in accordance with rule 47 or rule 48, as appropriate;

“public interest order” means an order made under article 4(6), 13(8) or 14(5) of the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 M7 ;

“record of proceedings” means the record of proceedings of the Court Martial which the Judge Advocate General is required under section 37 to provide to the registrar M8 ;

“reporting or public access order” means an order (including directions) of the Court Martial prohibiting or restricting the publication of any matter or restricting the access of the public to the whole or part of any proceedings of the Court Martial;

“the required information” means, in relation to a person to whom proceedings relate—

(a)

his name and date of birth;

(b)

either—

(i)

if he is subject to service law, his service, rank or rate, service number and unit; or

(ii)

if he is a civilian subject to service discipline, his address;

(c)

the name and business address of his legal representative, if known;

(d)

the charge or charges on which he was convicted by the Court Martial or which are to be heard by that court; and

(e)

where applicable, the name of the hospital, prison or place of detention where he is being held;

“the Service Prosecuting Authority” means the Director of Service Prosecutions and the persons appointed under section 365(1) of the 2006 Act (prosecuting officers); and

“trial proceedings” means proceedings for the trial of a charge by the Court Martial (including the hearing of an appeal by that court from the Service Civilian Court and proceedings authorised by an order of the court under section 19).

Textual Amendments

F1 Words in rule 2(2) inserted (16.11.2015) by The Court Martial Appeal Court (Amendment) Rules 2015 (S.I. 2015/1814), rules 1, 3

Marginal Citations

M1 The 2006 Act, section 272 and Schedule 8, paragraph 53, amends section 61(1) of the 1968 Act so as to provide for that Act to be cited as the Court Martial Appeals Act 1968. Paragraph 53 comes into force on 31st October 2009.

M2 1995 c. 35.

M3 1998 c. 42.

M4 2003 c. 44.

M5 S.I. 2009/1169.

M6 By virtue of section 231(3) of the 2006 Act, references in section 16A of the 1968 Act to passing a sentence include the making of a service restraining order by the Court Martial.

M7 S.I. 2009/988.

M8 Section 57(1) of the 1968 Act defines “the registrar”.