EXPLANATORY NOTE

(This note is not part of the Rules)

Rules 1 to 7, 9, 10, 12 to 17 and 19 to 21 of this instrument amend the Armed Forces (Custody Proceedings) Rules 2009 (S.I. 2009/1098), the Armed Forces (Summary Appeal Court) Rules 2009 (S.I. 2009/1211), the Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009 (S.I. 2009/1216), the Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) and the Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) so as to give effect to Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings. They require the provision, where necessary, of interpretation and translation services for persons accused or convicted of service offences who need such services, including persons with hearing or speech impediments. These amendments come into force on 27th October 2013.

Section 11 of the Armed Forces Act 2011 (c. 18) inserts a new Chapter 3A in Part 3 of the Armed Forces Act 2006 (c. 52) which provides for the taking and analysis of specimens of breath, blood or urine from persons suspected of certain service offences relating to alcohol or drugs. Rules 8, 11, 18 and 22 of this instrument amend the Armed Forces (Summary Appeal Court) Rules 2009, the Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009, the Armed Forces (Court Martial) Rules 2009 and the Armed Forces (Service Civilian Court) Rules 2009 so as to provide for the use of specimens (whether or not obtained under Chapter 3A of Part 3 of the 2006 Act) in proceedings for those offences. These amendments come into force on 1st November 2013.