Explanatory Note
(This note is not part of the Rules)
These Rules amend the Courts-Martial (Royal Air Force) Rules 1997 (“the 1997 Rules”). The amendments are consequential on the provisions of the Armed Forces Act 2001 making warrant officers eligible in certain circumstances to sit as members of courts-martial and enabling courts-martial to require witnesses to produce things as well as documents.
Rule 2(2) to (7) amends rules 16, 17, 37, 38, 40 and 41 of the 1997 Rules, which specify the procedure for convening courts-martial, set out conditions disqualifying officers from being members of courts-martial, and provide for the procedure for pre-trial hearings, challenging the membership of courts-martial and administering oaths and affirmations. By virtue of the amendments, warrant officer members of the court are subject to the same conditions and procedures as officer members of the court.
Rule 2(8) amends Form 1 in Schedule 2 to the 1997 Rules, which is the form of summons to a witness by which a witness can be summonsed to attend and to produce documents to the court. By virtue of this amendment, a witness can also be summonsed to produce things to the court.