Rules of Procedure (Army) (Second Amendment) Rules 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1864 |
| Year | 1964 |
1964 No. 1864
DEFENCE
ARMY
The Rules of Procedure (Army) (Second Amendment) Rules 196423rdNovember 1964
27thNovember 1964
28thNovember 1964
The Secretary of State in exercise of the powers conferred upon him by sections 103, 104, 105 and 106 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.—(1) These Rules may be cited as the Rules of Procedure (Army) (Second Amendment) Rules 1964 and these Rules and the Rules of Procedure (Army) 1956(b) (hereinafter referred to as the "Principal Rules") and other Rules amending the Principal Rules(c) shall be construed as one and may be cited together as "the Rules of Procedure (Army) 1956".
(2) These Rules shall come into operation on 28th November 1964.
Interpretation
2.—(1) The Interpretation Act 1889(d) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
(2) The Rules referred to by number in these Rules mean the Rules as numbered in the Principal Rules.
Amendments to the Principal Rules
3.—(1) The Principal Rules shall be amended in accordance with the provisions of the following paragraphs of this Rule.
(2) In Rule 2(1)(b) for the words "is guilty but insane;" there shall be substituted the words "is not guilty by reason of insanity;".
(3) At the commencement of paragraph (1) of Rule 22 there shall be added the words "Subject to paragraphs (2) and (3) of this Rule".
After paragraph (2) there shall be inserted the following paragraph as paragraph (3):—
"(3) When an officer convenes a court-martial consequent on an order authorizing a retrial made under the Criminal Appeal Act 1964(e) by the Court-Martial Appeal Court or Defence Council:—
(a) sub-paragraph (b) of paragraph (1) of this Rule shall not apply but the convening officer shall direct that a charge sheet shall be prepared in accordance with the provisions of paragraph 2 of Schedule I to the said Act and with any directions which may have been given by the Courts-Martial Appeal Court or the Defence Council under paragraph 4 of the said Schedule and that the accused shall be tried on the charge in that charge-sheet.
(a) 3 & 4 Eliz. 2. c. 18.
(b) S.I. 1956/162 (1956 I, p. 213).
(c) S.I. 1961/2223, 1964/1006 (1961 III, p. 3903; 1964 II, p. 2256).
(d) 52 & 53 Vict. c. 63.
(e) 1964 c. 43.
(b) When it is proposed to tender any evidence given by any witness at the original trial as evidence at...
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