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The Armed Forces (Service Civilian Court) Rules 2009

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This is the original version (as it was originally made).

PART 3EVIDENCE

Proof by written statement

9.  The reference in rule 60(1)(b) to a person subject to service law or a civilian subject to service discipline is to be read, in relation to a statement made before commencement, as a reference to a person who at the time of making the statement was a person mentioned in section 99A(2)(b) of AA 1955.

Evidence of enlistment or entry for service

10.—(1) In rule 68, references to an enlistment paper used to enlist a person in accordance with regulations made under section 328 include—

(a)an attestation paper within the meaning of AA 1955 or AFA 1955; and

(b)a copy of Royal Navy Form S3049 (Notice Form for Entry/Re-Entry into Naval Service) signed by a person on being entered for service in the Royal Navy.

(2) In relation to a document purporting to be a copy of Royal Navy Form S3049, rule 68(1)(a) has effect as if for the word “enlisted” there were substituted “entered for service”.

(3) In rule 68(1)(b) the reference to a recruiting officer includes a recruiting officer within the meaning of Part 1 of AA 1955 or AFA 1955.

Documents signed by or on behalf of a person’s commanding officer

11.  In relation to a record or certificate purporting to have been signed before commencement, references in rules 70 and 72 to a person’s commanding officer are to be read as references to his commanding officer within the meaning of Part 2 of the Armed Forces Act 2001(1).

Special measures

12.—(1) In Chapter 6 of Part 12, “sexual offence” includes an SDA civil offence as respects which the corresponding civil offence is—

(a)an offence under Part 1 of the Sexual Offences Act 2003;

(b)a relevant superseded offence, within the meaning of section 62 of the 1999 Act;

(c)an offence of attempting or conspiring to commit, or inciting the commission of, an offence within paragraph (a) or (b) above; or

(d)an offence under Part 2 of the Serious Crime Act 2007 where the offence (or one of the offences) which the offender intended or believed would be committed is an offence under Part 1 of the Sexual Offences Act 2003.

(2) In this paragraph—

“SDA civil offence” means an offence under section 70 of AA 1955 or AFA 1955;

“the corresponding civil offence”, in relation to an SDA civil offence, means—

(a)

the act or omission constituting the SDA civil offence; or

(b)

if that act or omission is not punishable by the law of England and Wales, the equivalent act done or omission made in England or Wales.

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