Naval Courts-Martial General Orders (Royal Navy) 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/2737 |
1991 No. 2737
DEFENCE
The Naval Courts-Martial General Orders (Royal Navy) 1991
Made 2nd December 1991
Laid before Parliament 6th December 1991
Coming into force 1st January 1992
The Sectratary of State, in exercise of the powers conferred upon him by sections 58 and 135(4) of the Naval Discipline Act 1957(1, and of all other powers enabling him in that behalf, hereby makes the following General Orders:
PART I
PRELIMINARY
Citation, commencement and application
1. These General Orders may be cited as the Navy Courts-Martial General Orders (Royal Navy) 1991 and shall come into force on 1st January 1992, but nothing therein (other than Orders 67 and 75(2)) shall apply in relation to proceedings commenced before that date.
Interpretation
2. In these General Orders any reference to an Order is, except where the context otherwise requires, a reference to a General Order contained therein and the following expressions have the meanings respectively assigned to them–
“accused’s friend” has the meaning given by Order 14;
“the Act” means the Naval Discipline Act 1957;
“child” means a person under the age of 14 years;
“circumstantial letter” means letter outlining the prosecution case drafted underOrder 4;
“civilian counsel” has the meaning given by Order 72;
“closed court” means proceedings of the court conducted for the time being in the presence only of the president, members of the court, judge advocate and clerk of the court;
“commanding officer” means the commanding officer of the ship or establishment in which the accused is for the time being serving;
“convening authority” means an officer authorised to order a court-martial in accordance with the provisions of section 53 of the Act2or, where a court-martial is ordered by the Defence Council, the Defence Council;
“court” means a court-martial ordered under the Act;
“member” when used in relation to a court-martial does not include the president;
“open court” means proceedings of the court conducted in the presence of all parties and any members of the public present;
“special finding” means when used in relation to–
(a) section 67 or 68 of the Act, any finding which a court-martial may make in accordance with that section;
(b) a finding in accordance with section 63 of the Act3, that the accused is not guilty by reason of insanity;
“young person” means a person who has attained the age of 14 years and is under the age of 17 years.
PART II
PRE-TRIAL PROCEEDINGS
Notice of alibi
3. At the time when he remands the accused for trial by court-martial the commanding officer shall, unless having regard to the nature of the offence, he considers it unnecessary to do so, inform the accused of the requirements of section 11 of the Criminal Justice Act 19674as modified by the Courts-Martial (Evidence) Regulations 19675.
Reference of charges to convening authority
4.—(1) When a commanding officer remands a person for trial by court-martial, there shall be sent to the convening authority a circumstantial letter and annexed thereto as separate documents–
(a)
(a) a charge sheet containing the charges upon which the commanding officer considers that the accused should be tried by court-martial;
(b)
(b) a list of witnesses for the prosecution;
(c)
(c) statements of the witnesses in support of the charges;
(d)
(d) a list of the exhibits;
(e)
(e) any statements made by the accused.
(2) Unless the accused is an officer the commanding officer shall also send to the convening authority–
(a)
(a) a certified extract of all entries of offences and punishments in the accused’s Advancement and Conduct Record Sheet prior to the date of the offence charged but subsequent to his joining his present ship, with an assessment of his character from the previous 31 December to the date of the offence with which he has been or may be charged but excluding all consideration of conduct relating to the charge;
(b)
(b) a certified copy of the accused’s full service documents.
The circumstantial letter
5.—(1) The circumstantial letter shall report the circumstances on which the charges are founded in sufficient detail to show the real nature and extent of the alleged offences. When words constitute the substance of the alleged offence, they shall be fully and exactly set out.
(2) The circumstantial letter shall not refer to the previous character, conduct or any convictions of the accused, or contain any reference to the facts prejudicial to him other than such as are directly relevant to the charges or which indicate a course of unlawful conduct.
(3) Where the accused is charged under section 19 of the Act6(loss or hazarding of any of Her Majesty’s ships) or under section 29A of the Act7(damage or loss of Her Majesty’s aircraft or aircraft material), the circumstantial letter shall specify details of every aspect in which it is alleged that the accused was at fault.
Statements of the accused
6. Unless it constitutes the substance of the offence alleged, any statement made by the accused is not to be included in the circumstantial letter; but the letter shall indicate that such a statement was made, and that its contents are annexed thereto.
Charge sheet
7.—(1) A charge sheet shall contain the whole of the issue or issues to be tried at one time, and shall be signed by the officer who signs the circumstantial letter or by the prosecutor. Such charges may be in addition to or substitution for charges which were put to the accused during the course of any investigation.
(2) A charge sheet may contain more than one charge if the charges are founded on the same facts or form a part of a series of offences of the same or similar character:
Provided that an offence under section 16(1) of the Act8 (desertion), section 179 (absence without leave), or section 33C10 (escape from confinement) may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts and do not form part of a series of offences of the same or similar character. An offence under section 31(1) of the Act (offences relating to issues and decorations) may be so included where it arises in connection with a charge under section 16(1) or 17 of the Act.
(3) The commencement of the charge sheet shall state as appropriate the service number, rank or rate, name of ship or establishment of the accused and shall further state that he is subject to or otherwise triable under the Act.
Charge sheet–joint trials
8.—(1) Any number of accused may be charged in the same charge sheet with offences alleged to have been committed by them separately if the acts or omissions on which the charges are founded are so connected that it is in the interests of justice that the accused be tried together.
(2) Any number of accused may be charged jointly in one charge for an offence alleged to have been committed by them jointly. Where so charged any one or more of such accused may at the time be charged in the same charge sheet with any other offence alleged to have been committed by him or them individually or jointly, provided such charges could, if the accused to whom they relate had been tried separately, have been included in the same charge sheet because they are founded on the same facts or form part of a series of offences of the same or similar character.
The Charge
9.—(1) Each charge shall state one offence only.
(2) Offences may be charged in the alternative in separate charges but shall not be charged in the alternative in the same charge. When charges are laid in the alternative they shall be set out in order of gravity commencing with the most serious.
(3) The charge shall state:
(a)
(a) such circumstances respecting the alleged offence as will enable the accused to know every act or omission which it is sought to prove against him as constituting the offence charged;
(b)
(b) when the offence charged is one which can be committed either in circumstances involving a higher degree of punishment or in circumstances involving a lesser degree of punishment, facts which it is intended to prove as rendering the accused liable to the higher degree of punishment if convicted.
Amendment of charge sheet
10.—(1) If at any time during the trial it appears to the court that there is in the charge sheet:
(a)
(a) a mistake in the name or description of the accused;
(b)
(b) a mistake which is attributable to a clerical error or omission;
the court may amend the charge sheet so as to correct the mistake.
(2) If at any time during a trial it appears to the court, before they close to deliberate on their finding, that it is desirable in the interests of justice to make any addition to, omission from or alteration in, a charge which cannot be made under paragraph (1) of this Order they may, if such addition, omission, or alteration can be made without unfairness to the accused, so amend the charge if the judge advocate concurs.
Fresh evidence of negligence not alleged in circumstantial letter
11. If, at any time during the trial of an offence involving an allegation of neglect to perform or negligent performance of a Service duty, the court considers that the accused may have been negligent in any way not specifically detailed in the circumstantial letter, they shall formulate a fresh allegation and inform the accused that they hold this view at that particular stage of the trial, and invite him to deal with the fresh allegation in his defence, allowing him sufficient time to prepare to do so.
Unfitness to stand trial and insanity
12.—(1) Where on the trial of a person the question...
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