The Armed Forces (Court Martial) Rules 2009

CHAPTER 2Evidence of bad character

Notice of intention to adduce evidence of a defendant’s bad character

78.—(1) Where, in trial proceedings—

(a)the Director intends to adduce evidence of a defendant’s bad character, or

(b)a defendant intends to adduce evidence of another defendant’s bad character, or to cross-examine a witness with a view to eliciting such evidence,

he must serve on the court administration officer and all other parties to the proceedings a notice of that intention.

(2) A notice under this rule—

(a)must describe the misconduct to which the evidence relates;

(b)must state what evidence of the misconduct the party serving the notice intends to adduce or elicit;

(c)if served by the Director, must identify any witness whom he intends to call about the misconduct; and

(d)identify the paragraph or paragraphs of section 101(1) of the 2003 Act which the party serving the notice asserts to be applicable to the evidence.

(3) If served by the Director, a notice under this rule must be served not more than 14 days after the Director serves advance information in respect of the charge to which the evidence relates.

(4) If served by a defendant, a notice under this rule must be served not more than 14 days after—

(a)the date on which the Director complies or purports to comply with article 4 of the CPIA Order; or,

(b)if later, the date on which the Director discloses to the defendant the previous convictions of the co-defendant to whose misconduct the notice relates.

(5) If it is not reasonably practicable to serve a notice under this rule within the time prescribed by paragraph (3) or (4) (as the case may be), the notice must be served as soon as it is reasonably practicable to do so.

(6) The court may dispense with the requirement to serve a notice under this rule if satisfied that no injustice would result.

Application to exclude evidence of a defendant’s bad character

79.—(1) An application under section 101(3) of the 2003 Act to exclude evidence of a defendant’s bad character in trial proceedings must be made in writing to the court administration officer and served on all other parties to the proceedings, unless a judge advocate gives leave for the application to be made orally.

(2) If made in writing, the application—

(a)must state whether a notice under rule 78 has been served on the applicant in relation to the evidence, and if so on what date; and

(b)must be made and served not more than 14 days after that date (if any), unless paragraph (3) applies.

(3) Where—

(a)the court dispenses with the requirement to serve a notice under rule 78, or

(b)such a notice is served but it is not reasonably practicable to make the application within 14 days of the service of the notice,

the application must be made as soon as is reasonably practicable.

Application for leave to adduce evidence of the bad character of a non-defendant

80.—(1) An application for leave to give evidence in trial proceedings of the bad character of a person other than a defendant must be made in writing to the court administration officer and served on all other parties to the proceedings, unless a judge advocate gives leave for the application to be made orally.

(2) If made in writing, such an application—

(a)must describe the misconduct to which the evidence relates;

(b)must state what evidence of the misconduct the applicant seeks to adduce or elicit;

(c)if made by the Director, must identify any witness whom he intends to call about the misconduct; and

(d)must state the grounds on which the applicant asserts that the evidence is admissible.

(3) If made by the Director, an application under this rule must be made not more than 14 days after the Director serves advance information in respect of the charge to which the evidence relates.

(4) If made by a defendant, an application under this rule must be made not more than 14 days after—

(a)the date on which the Director complies or purports to comply with article 4 of the CPIA Order; or,

(b)if later, the date on which the Director discloses to the defendant the previous convictions of the person to whose misconduct the application relates.

(5) If it is not reasonably practicable to make an application under this rule within the time prescribed by paragraph (3) or (4) (as the case may be), the application must be made as soon as it is reasonably practicable to do so.