The Courts-Martial (Royal Air Force) Rules 1997

Contents

641 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part I · Preliminary
   1. 1 Citation and commencement
   2. 2 Interpretation
   3. 3 Service on an accused
2. Part II · Prosecution of offences
   1. 4 Referring a case to the prosecuting authority
   2. 5 Formal preliminary examination
   3. 6 Conduct of formal preliminary examination
   4. 7 Charge sheet
   5. 8 Charges and joinder
   6. 9 Notifying the accused’s commanding officer
   7. 10 Notifying the court administration officer
   8. 11 Notification of trial
   9. 12 Discontinuing proceedings before trial
   10. 13 Description of the court-martial
   11. 14 Amending charges and additional charges before trial
3. Part III · General matters
   1. 15 Conduct of the defence
   2. 16 Convening the court
   3. 17 Ineligibility for membership of courts-martial
   4. 18 Appointment of court officials
   5. 19 Delegation of the court administration officer’s functions
   6. 20 Additional evidence before trial
   7. 21 Witness not called by the prosecutor
   8. 22 Witnesses for the accused
   9. 23 Witness summons
   10. 24 Oaths and affirmations
4. Part IV · Preliminary proceedings
   1. 25 Hearing for directions
   2. 26 Hearing for directions in chambers
   3. 27 Substance of a hearing for directions
   4. 28 Hearing for directions without notice to the accused
   5. 29 Preparatory hearing
   6. 30 Challenges and oaths at a preparatory hearing
   7. 31 Substance of a preparatory hearing
5. Part V · Proceedings at court-martial
   1. 32 The judge advocate
   2. 33 The president
   3. 34 Sittings and adjournment
   4. 35 Record of proceedings
   5. 36 Closed court
   6. 37 Pre-trial hearing
   7. 38 Challenges and oaths at a pre-trial hearing
   8. 39 Substance of a pre-trial hearing
   9. 40 Challenges by the accused
   10. 41 Administration of oaths and affirmations
   11. 42 Commencement of the trial
   12. 43 Judge advocate sitting alone
   13. 44 Severance
   14. 45 Arraignment
   15. 46 Guilty plea
   16. 47 Alternative charges
   17. 48 Additional charges during trial
   18. 49 Changes to the charge sheet during trial
   19. 50 Changes to the charge sheet by the court
   20. 51 Procedure after guilty plea
   21. 52 Pleas of guilty and not guilty on one charge sheet
   22. 53 Dispute on facts after finding of guilty
   23. 54 Change of plea
   24. 55 Procedure after not guilty plea
   25. 56 Additional evidence during trial
   26. 57 Expert evidence
   27. 58 Exhibits
   28. 59 Presence of witnesses
   29. 60 Evidence through television link
   30. 61 Video recordings of testimony from child witnesses
   31. 62 Examination of witnesses
   32. 63 Submission of no case to answer
   33. 64 Finding of not guilty before conclusion of the defence
   34. 65 The case for the defence
   35. 66 Witnesses for the defence
   36. 67 Further evidence
   37. 68 Closing addresses
   38. 69 Summing up
   39. 70 Deliberation on finding
   40. 71 Special finding
   41. 72 Record of finding
   42. 73 Inquiry into finding
   43. 74 Offences taken into consideration
6. Part VI · Sentencing
   1. 75 Pre-sentence report and previous convictions
   2. 76 Evidence before sentencing
   3. 77 Evidence on behalf of the accused
   4. 78 Postponement of deliberation on sentence
   5. 79 Deliberation on sentence
   6. 80 Announcement of sentence
   7. 81 Conclusion of the trial
7. Part VII · Review of court-martial finding and sentence
   1. 82 The petition
   2. 83 Reasons
8. Part VIII · Miscellaneous
   1. 84 Application of the rules to civilians
   2. 85 Periodic review of arrest
   3. 86 Bankers' Books Evidence Act 1879
   4. 87 Custody of the record
   5. 88 Imprisonment in default; manner of payment of fine
   6. 89 Circumstances not provided for
   7. 90 Revocations and savings
9. Schedule 1 · Charges and joinder
   1. Part I Rules
   2. Part II
10. Schedule 2 · Forms
11. Schedule 3 · Oaths and affirmations
    1. Part I Manner of administering oaths and affirmations
    2. Part II Forms of oath
    3. Part III Form of scottish oaths
    4. Part IV Form of solemn affirmations
12. Schedule 4 · Hearing for directions
    1. (1) the issues in the case;
    2. (2) issues, if any, as to the mental or medical condition...
    3. (3) the number of witnesses whose evidence will be placed before...
    4. (4) the defence witnesses in 3 above whose statements have been...
    5. (5) any prosecution witnesses whom the defence require to attend at...
    6. (6) any additional witnesses who may be called by the prosecution...
    7. (7) facts which are to be admitted and which can be...
    8. (8) any exhibits and schedules which are to be admitted;
    9. (9) the order and pagination of the papers to be used...
    10. (10) any alibi which should already have been disclosed in accordance...
    11. (11) any point of law which it is anticipated will arise...
    12. (12) any question as to the admissibility of evidence which appears...
    13. (13) any application to be made for evidence to be given...
    14. (14) any application to submit pre-recorded video interviews with a child...
    15. (15) any application for screens, for use by witnesses seeking a...
    16. (16) whether any video, tape recorder or other technical equipment will...
    17. (17) where a tape recorded interview has taken place, of any...
    18. (18) any other significant matter which might affect the proper and...
    19. (19) the estimated length of the trial, to be agreed more...
    20. (20) witness availability and the approximate length of witness evidence;
    21. (21) availability of advocate;
    22. (22) whether there is a need for any further directions.
13. Schedule 5 · Guidance for petitioners
    1. (1) The petition should be settled with sufficient particularity to enable...
    2. (2) The petition should not contain grounds of appeal unless it...
    3. (3) The petition should not contain any factual inaccuracy.
    4. (4) Any allegation of fact in the petition should be based...
    5. (5) The petition should not contain a suggestion that a person...
    6. (6) Any proposition of law should be supported by references to...
14. Schedule 6 · Civilians
    1. Part I Modifications for civilians
    2. Part II Additional rules for civilians
    3. Part III Appeals from standing civilian courts
15. Schedule 7 · Revocations