The Court Martial Appeal Court (Amendment) Rules 2015

Publication Date:January 01, 2015

2015No. 1814

COURT MARTIAL (APPEALS)

The Court Martial Appeal Court (Amendment) Rules 2015

21stOctober2015

23rdOctober2015

16thNovember2015

The Lord Chief Justice, in exercise of the power conferred by section 49 of the Court Martial Appeals Act 1968( 1), including that section as extended by section 163(9) of the Armed Forces Act 2006( 2), and with the agreement of the Lord Chancellor, makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Court Martial Appeal Court (Amendment) Rules 2015 and shall come into force on 16th November 2015.

Court Martial Appeal Court rules

2. The Court Martial Appeal Court Rules 2009( 3) are amended as follows.

3. In paragraph (2) of rule 2 (interpretation), after the definition of "the commission" insert-

""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;".

4. After rule 16 (interpreters), insert-

"Interpretation and translation for witnesses other than a person to whom proceedings relate

16A.

-(1) Where the complainant is due to attend a hearing as a witness, the registrar, where satisfied that the person needs interpretation, must appoint an interpreter to act at the hearing.(2) The registrar may also appoint an interpreter for any other witness who is required to give evidence at a hearing, other than a person to whom proceedings relate.(3) Before an interpreter begins to act at a hearing, an oath or affirmation must be administered to the interpreter.(4) Before an interpreter is sworn or makes his affirmation, the interpreter's name must be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.(5) If the court upholds any such objection, the interpreter shall not be sworn or make his affirmation, and the registrar must appoint another interpreter.(6) On application or on its own initiative, the court may require a written translation of any document or part of a document to be provided for a complainant or other person (other than a person to whom proceedings relate) who attends a hearing as a witness and who needs interpretation.(7) The registrar must record, by such means as the Lord Chancellor directsâÇò(a) the identity of any interpreter; and(b) any decision on an application under paragraph (6).".

Thomas of Cwmgiedd, C.J

21st October 2015

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