The Armed Forces (Service Civilian Court) Rules 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/1209 |
| Year | 2009 |
- “activation order” means—
- (a) an order under paragraph 8(2) (a) or (b) of Schedule 12 to the 2003 Act (activation of suspended sentence of imprisonment) ; or
- (b) 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 proceedings under any provision of Part 15;
- “community order proceedings” means any proceedings under Chapter 1 of Part 15;
- “preliminary proceedings” means any proceedings of the court held for the purpose of—
- (c) the court making its decision in accordance with section 279 (consideration of trial by Court Martial) ;
- (d) allowing the defendant to exercise his right to elect trial by the Court Martial;
- (e) arraigning a defendant on a charge to be tried in the trial proceedings; or
- (f) giving directions, orders or rulings for the purpose of the trial proceedings;
- “related proceedings”, in relation to preliminary proceedings, means—
- (g) trial proceedings in respect of any charge to which the preliminary proceedings relate;
- (h) any further preliminary proceedings in relation to such trial proceedings; and
- (i) any sentencing proceedings in respect of any offence found proved in such trial proceedings, or as respects which the offender pleads guilty in the preliminary proceedings or related proceedings;
- “sentencing proceedings” means proceedings for the sentencing of a person convicted by the court on a plea of guilty or in trial proceedings;
- “trial proceedings” means proceedings for the trial of a charge by the court, and does not include sentencing proceedings.
- “defendant” means a person against whom a charge allocated for Service Civilian Court trial has been brought;
- “the Director” means the Director of Service Prosecutions.
- “the Act” means the Armed Forces Act 2006;
- “the 1967 Act” means the Criminal Justice Act 1967 ;
- “the 1999 Act” means the Youth Justice and Criminal Evidence Act 1999 ;
- “the 2003 Act” means the Criminal Justice Act 2003;
- “the CPIA Order” means the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 ;
- “advance information” has the meaning given by rule 30(2) ;
- “bad character” has the meaning given by section 98 of the 2003 Act;
- “civilian police force” means a UK police force or a British overseas territory police force;
- F29“the complainant”, in relation to any offence (or alleged offence) , means a person against or in relation to whom the offence was (or is alleged to have been) committed;
- “the court” means the Service Civilian Court;
- “DX” means document exchange;
- “detention and training order” means an order under section 211;
- “...
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