Rules of Procedure (Army) (Amendment) Rules 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/1670 |
| Year | 1984 |
1984 No. 1670
DEFENCE
The Rules of Procedure (Army) (Amendment) Rules 198417thOctober 1984
29thOctober 1984
20thNovember 1984
The Secretary of State, in exercise of the powers conferred on him by sections 103 to 106 and 209 of the Army Act 1955(a), and of all other powers enabling him in that behalf, hereby makes the following Rules:—
Citation and commencement
1. These Rules may be cited as the Rules of Procedure (Army) (Amendment) Rules 1984 and shall come into operation on 20th November 1984.
Interpretation
2. In these Rules, "the Principal Rules" means the Rules of Procedure (Army) 1972 (b).
Amendment
3. The Principal Rules as amended (c) shall be further amended as follows:
(1) In Rule 25 by the substitution for paragraph (1)(d)(iv) of the following:—
"(iv) a copy of the convening order and, if the accused so requires, the names of any member or waiting member not appointed by name;".
(2) In Rule 59 by:—
(a) the deletion in paragraph (1) of the word "After" and by the substitution therefor of the words "Where the accused is not represented by a person qualified to appear as counsel at a court-martial, after" and
(b) the insertion in paragraph (2) between the words "has" and "complied" of the words "if necessary".
(3) In Rule 81 by the substitution for paragraphs (1)(a) to (1)(f) inclusive of the following:—
"(a) an accused offers a plea to the jurisdiction of the court; or
(b) an accused before pleading to a charge offers a plea in bar of trial; or
(c) during the course of a trial any question as to the admissibility of evidence arises; or
(a) 1955 c.18; section 209 was amended by the Armed Forces Act 1976 (c.52), Schedule 9, paragraph 5.
(b) S.I. 1972/316.
(c) The relevant amending instruments are S.I. 1977/92, 1981/1220, 1982/369, 1983/719.
(d) during a joint trial an application is made by any of the accused for a separate trial; or
(e) an application is made by an accused that a charge should be tried separately; or
(f) an application is made by a party calling a witness for permission to treat that witness as hostile; or
(g) a submission is made to the court in respect of any charge that the prosecution has failed to establish a prima facie case for the accused to answer;".
(4) In Rule 92 by the substitution for paragraph (2) of the following:—
"(2) When a person has been employed under Rule 31A(1) above, a transcript of his record of the proceedings need be made only of that part which relates to a charge of which the...
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