The Courts-Martial (Royal Navy) Rules 2007
| Jurisdiction | UK Non-devolved |
2007 No. 3443
defence
The Courts-Martial (Royal Navy) Rules 2007
Made 6th December 2007
Laid before Parliament 10th December 2007
Coming into force 1st January 2008
The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 58 and section 118(3A) and paragraph 17 of Schedule 4A of the Naval Discipline Act 19571, and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) of Schedule 7 to, the Criminal Justice Act 20032:
PART 1
PRELIMINARY
Citation and commencement
1. These Rules may be cited as the Courts-Martial (Royal Navy) Rules 2007 and shall come into force on 1st January 2008.
Interpretation
2.—(1) In these Rules—
“the Act” means the Naval Discipline Act 1957;
“the 2003 Act” means the Criminal Justice Act 2003;
“the board” means those members of the court-martial other than the judge advocate;
“commanding officer”, in relation to an accused, means the officer who is for the time being in command of the ship, unit or establishment to which the accused belongs;
“commencement of the trial” shall be construed in accordance with rule 57;
“the judge advocate”—
(i) in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial;
(ii) in relation to a preliminary hearing, means the judge advocate appointed by or on behalf of the Judge Advocate General to conduct any such proceedings;
“legal representative” means a person appointed to represent an accused at any proceedings before a court-martial, providing he is—
(i) a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 19903;
(ii) an advocate or a solicitor in Scotland;
(iii) a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or
(iv) a person having in any of the Channel Islands, the Isle of Man, a Commonwealth country or British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and subject to punishment or disability for breach of professional rules;
“live television link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial;
“preliminary hearing” shall be construed in accordance with rule 33;
“the president of the board” shall be construed in accordance with rule 52;
“the prosecuting authority” means the prosecuting authority or any prosecuting officer or other person appearing on his behalf;
“prosecution papers” shall be construed in accordance with rule 9; and
“special finding” shall be construed in accordance with rule 74.
Service on an accused
3.—(1) Unless the context otherwise requires, where under these Rules any document or notice is to be served on an accused by the court administration officer or the prosecuting authority, it may be served—
(a)
(a) by sending it to the commanding officer of the accused;
(b)
(b) by delivering it to the accused personally;
(c)
(c) by leaving it for the accused with a person at the accused’s usual place of abode; or
(d)
(d) by post in a letter addressed to the accused at his last known or usual place of abode.
(2) Where a document or notice is received by the commanding officer in accordance with paragraph (1)(a), he shall serve it on the accused as soon as is practicable.
PART 2
PROSECUTION OF OFFENCES
Referring a case to the prosecuting authority
4.—(1) If the higher authority refers a case in respect of an accused to the prosecuting authority in accordance with section 52C(1) of the Act, he shall forward to the prosecuting authority—
(a)
(a) a copy of any report concerning the case prepared by the Royal Naval Police or other investigator;
(b)
(b) the offence or a list of offences alleged against the accused;
(c)
(c) a list of any potential witnesses;
(d)
(d) any written statements of the potential witnesses;
(e)
(e) any statements made by the accused including records or transcripts of interviews conducted under caution;
(f)
(f) a list of any exhibits;
(g)
(g) any other evidence, real or documentary; and
(h)
(h) where the accused has elected trial by court-martial, notification of that fact.
Withdrawal of election in a multiple charge case
5.—(1) Where—
(a)
(a) an election for court-martial trial relates to two or more preliminary charges; and
(b)
(b) that election is withdrawn with the leave of the prosecuting authority,
section 52I(2) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused each of the preliminary charges to be tried summarily.
Referring back in a multiple charge case before charges are preferred
6.—(1) Where—
(a)
(a) an election for court-martial trial relates to two or more preliminary charges; and
(b)
(b) the prosecuting authority considers that a charge or charges different from or additional to a preliminary charge should be preferred,
section 52II(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused any additional preliminary charge as well as the charge or charges which he would otherwise be required to refer back under that section.
(2) In paragraph (1), the reference to any additional preliminary charge is to any preliminary charge which is different from the preliminary charge referred to in paragraph (1)(b).
Charge sheet
7.—(1) A charge sheet shall be in the form specified in Schedule 1 and shall state—
(a)
(a) the name, service number and rank or rate of the accused;
(b)
(b) the name of the ship, unit or establishment, if any, in which the accused is serving;
(c)
(c) particulars of how the accused is subject to or otherwise triable under the Act; and
(d)
(d) any charge preferred against the accused.
(2) A charge sheet shall be signed and dated by the prosecuting authority.
Charges and joinder
8. The rules contained in Schedule 1 to these Rules shall be observed in proceedings before courts-martial.
Notifying the accused’s commanding officer
9.—(1) Where the prosecuting authority has preferred a charge against an accused to be tried by court-martial, the prosecuting authority shall notify the commanding officer of the accused of the charge by sending to the commanding officer the prosecution papers.
(2) In these Rules, “the prosecution papers” means—
(a)
(a) a copy of the charge sheet;
(b)
(b) a list of any witnesses whom the prosecuting authority proposes to call;
(c)
(c) copies of any statements of the prosecution witnesses, or other record of their evidence;
(d)
(d) a list of any exhibits which the prosecuting authority proposes to put in evidence and copies of those exhibits or details of their whereabouts;
(e)
(e) notice of any additional evidence which the prosecutor intends to adduce;
(f)
(f) a record of any previous convictions of—
(i) the accused; and
(ii) all witnesses to be called by the prosecutor; and
(g)
(g) a list of all unused material.
Notifying the court administration officer
10.—(1) The prosecuting authority shall notify the court administration officer of any charge which he has preferred by sending to him a copy of the prosecution papers.
(2) On receipt of a copy of the prosecution papers from the prosecuting authority, the court administration officer shall send—
(a)
(a) a copy of the prosecution papers to the Judge Advocate General; and
(b)
(b) to the commanding officer of the accused—
(i) a statement explaining the opportunities available to an accused for legal assistance, and
(ii) a statement explaining the rights of an accused facing court-martial.
Notification of proceedings
11.—(1) This rule applies where the commanding officer has been notified in respect of an accused under his command that the prosecuting authority has preferred a charge.
(2) As soon as is practicable after receipt of
(a)
(a) the prosecution papers; and
(b)
(b) the statements provided for in rule 10(2)(b),
the commanding officer shall notify the accused that he is to be tried by court-martial.
(3) On notifying the accused in accordance with paragraph (2), the commanding officer shall serve the accused with—
(a)
(a) the prosecution papers;
(b)
(b) the statements explaining the rights of an accused and concerning legal assistance provided for in rule 10(2)(b);
(c)
(c) a form for notifying the court administration officer of the accused’s legal representative;
(d)
(d) where so required by the prosecutor, a statement explaining the effect of section 11 of the Criminal Justice Act 19674(notice of alibi) and a form for the accused’s notice of alibi; and
(e)
(e) a form for acknowledgement of receipt of the documents listed at (a) to (d).
Discontinuing proceedings before arraignment
12. If before the arraignment of the accused on a charge the prosecuting authority discontinues proceedings on that charge, he shall serve notice in writing on the accused and the court administration officer.
Referring back in a multiple charge case after charges already preferred
13.—(1) Where—
(a)
(a) an election for court-martial trial relates...
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