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The Armed Forces (Court Martial) Rules 2009

Consolidated Text As Enacted Cited authorities 138 Cited in Amendments 36 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/2041
Year2009
  • These Rules may be cited as the Armed Forces (Court Martial) Rules 2009 and shall come into force on 31st October 2009.
    • preliminary proceedings,trial proceedings,sentencing proceedings,variation proceedings,appellate proceedings,activation proceedings, andancillary proceedings,(2) In these Rules—
    • “activation order” means—
      • (a) an order under F46paragraph 13(1) (a) or (b) of Schedule 16 to the Sentencing Code (activation of suspended sentence of imprisonment) ;
      • (b) an order under section 191(3) (activation of suspended sentence of service detention) ; or
      • (c) an order under section 214(3) (reactivation of detention and training order) ;
    • “activation proceedings” means proceedings for the making of an activation order, but does not include sentencing proceedings in which the court has power to make such an order;
    • “ancillary proceedings” means—
      • (a) a hearing under rule 127 of an application under section 285(4) for leave to appeal out of time from the Service Civilian Court; and
      • (b) proceedings under any provision of Part 18;
    • “appellate proceedings” means proceedings of the court (other than sentencing proceedings) on appeal from the Service Civilian Court;
    • “community order proceedings” means any proceedings under Chapter 1 of Part 18;
    • F79“domestic abuse” has the same meaning as in the Domestic Abuse Act 2021;
    • “preliminary proceedings” means any proceedings of the court held for the purpose of arraigning a defendant on a charge or giving directions, orders or rulings for the purpose of trial proceedings;
    • “related proceedings”, in relation to preliminary proceedings, means—
      • (a) trial proceedings in respect of any charge to which the preliminary proceedings relate;
      • (b) any further preliminary proceedings in relation to such trial proceedings; and
      • (c) any sentencing proceedings in respect of any offence found proved in such trial...

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