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The Courts-Martial (Royal Navy) Rules 1997

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  1. Introductory Text

  2. PART I PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Service on an accused

  3. PART II PROSECUTION OF OFFENCES

    1. 4.Referring a case to the prosecuting authority

    2. 5.Charge sheet

    3. 6.Charges and joinder

    4. 7.Notifying the accused’s commanding officer

    5. 8.Notifying the court administration officer

    6. 9.Appointment of judge advocate

    7. 10.Notification of trial

    8. 11.Discontinuing proceedings before trial

    9. 12.Amending charges and additional charges before trial

  4. PART III GENERAL MATTERS

    1. 13.Conduct of the defence

    2. 14.Ordering the court

    3. 15.Ineligibility for membership of courts-martial

    4. 16.Appointment of court officials

    5. 17.Delegation of the court administration officer’s functions

    6. 18.Additional evidence before trial

    7. 19.Witnesses not called by the prosecutor

    8. 20.Transcript of interview

    9. 21.Witness summons

  5. PART IV HEARING FOR DIRECTIONS

    1. 22.Convening a hearing for directions

    2. 23.Hearing for directions in chambers

    3. 24.Substance of a hearing for directions

  6. PART V PROCEEDINGS AT COURT-MARTIAL

    1. 25.Pre-trial hearing

    2. 26.Challenges and oaths at a pre-trial hearing

    3. 27.Substance of a pre-trial hearing

    4. 28.President and members

    5. 29.The judge advocate

    6. 30.Judge advocate sitting alone

    7. 31.Challenges by the accused

    8. 32.Oaths and affirmations

    9. 33.Administration of oaths and affirmations

    10. 34.Commencement of the trial

    11. 35.Severance

    12. 36.Plea to the charge

    13. 37.Guilty plea

    14. 38.Alternative charges

    15. 39.Additional charges during trial

    16. 40.Changes to the charge sheet during trial

    17. 41.Changes to the charge sheet by the court

    18. 42.Procedure after guilty plea

    19. 43.Mixed pleas

    20. 44.Dispute on facts after guilty plea

    21. 45.Change of plea

    22. 46.Procedure after not guilty plea

    23. 47.Additional evidence during trial

    24. 48.Expert evidence

    25. 49.Exhibits

    26. 50.Presence of witnesses

    27. 51.Evidence through television link

    28. 52.Video recordings of testimony from child witnesses

    29. 53.Examination of witnesses

    30. 54.Questioning by the court

    31. 55.Recall of witnesses

    32. 56.Submission of no case to answer

    33. 57.Finding of not guilty before the conclusion of the defence

    34. 58.The case for the defence

    35. 59.Witnesses for the defence

    36. 60.Further evidence

    37. 61.Closing addresses

    38. 62.Summing up

    39. 63.Special finding

    40. 64.Deliberation on finding

    41. 65.Record of finding

  7. PART VI SENTENCING

    1. 66.Pre-sentence report

    2. 67.Evidence before sentencing

    3. 68.Evidence on behalf of the accused

    4. 69.Offences taken into consideration

    5. 70.Deliberation on sentence

    6. 71.Postponement of deliberation on sentence

    7. 72.Announcement of sentence

    8. 73.Conclusion of the trial

  8. PART VII REVIEW OF COURT-MARTIAL FINDING AND SENTENCE

    1. 74.The petition

    2. 75.Decision on review

  9. PART VIII MISCELLANEOUS

    1. 76.Bankers’ Books Evidence Act 1879

    2. 77.Record of proceedings

    3. 78.Circumstances not provided for

    4. 79.Revocation and savings

  10. Signature

    1. SCHEDULE 1

      CHARGES AND JOINDER

      1. PART I RULES

        1. 1.(1) A charge sheet shall be in the form specified...

        2. 2.(1) Subject only to the provisions of paragraph 3 of...

        3. 3.Where the specific offence with which an accused person is...

        4. 4.Where an offence created by or under an enactment states...

        5. 5.It shall be sufficient in a charge sheet to describe...

        6. 6.(1) Subject to sub-paragraphs (2) and (3) below, charges for...

      2. PART II FORM

    2. SCHEDULE 2

      FORMS

    3. SCHEDULE 3

      HEARING FOR DIRECTIONS

    4. SCHEDULE 4

      OATHS AND AFFIRMATIONS

      1. PART I MANNER OF ADMINISTERING OATHS AND AFFIRMATIONS

        1. 1.An oath may be administered by the person swearing the...

        2. 2.A Scottish oath may be administered by the person swearing...

        3. 3.A young person making a promise or a person making...

      2. PART II FORMS OF OATH

        1. 4.President and members other than the judge advocate

        2. 5.Judge advocate

        3. 6.Clerk of the court and person under instruction

        4. 7.Interpreter

        5. 8.Witness

        6. 9.Form for a young person

      3. PART III FORM OF SCOTTISH OATHS

        1. 10.The form of Scottish oath shall in each case be...

      4. PART IV FORM OF SOLEMN AFFIRMATIONS

        1. 11.The form of affirmation shall in each case be the...

  12. Explanatory Note

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