The Standing Civilian Courts Order 1997

Contents

462 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 Delegation of the court administration officer’s functions
   4. 4 Service
2. Part II · Prosecution of offences
   1. 5 Referring a case to the prosecuting authority
   2. 6 Conduct of the prosecution
   3. 7 Charge sheet
   4. 8 Charges and joinder
   5. 9 Notifying the court administration officer
   6. 10 Summoning the accused
   7. 11 Informing a parent or guardian of the accused
   8. 12 Notifying the magistrate and commanding officer
   9. 13 Changes to the charge sheet before trial
   10. 14 Change in date, time or place of trial
   11. 15 Objection before trial to member or assessor
   12. 16 Election of trial by court-martial
   13. 17 Election where more than one accused
   14. 18 Steps to be taken where accused elects
   15. 19 Withdrawal of election
3. Part III · General matters
   1. 20 Conduct of the defence
   2. 21 Representation of the accused
   3. 22 Appointment of court officials
   4. 23 Additional evidence before trial
   5. 24 Witnesses not called by the prosecutor
   6. 25 Witnesses for the accused
   7. 26 Witness summons
   8. 27 The magistrate
   9. 28 Functions of assessors
   10. 29 Swearing in of magistrates, members and assessors on appointment
   11. 30 Form of oath
   12. 31 Bankers’ Books Evidence Act 1879
4. Part IV · Procedure at the hearing
   1. 32 Opening of proceedings
   2. 33 Accused not appearing
   3. 34 Explaining function of members and assessors
   4. 35 Arraignment of accused
   5. 36 Ascertainment of accused’s age
   6. 37 Opportunity to elect trial by court-martial
   7. 38 Objections in court
   8. 39 Applications before pleading
   9. 40 Severance
   10. 41 Plea to the charge
   11. 42 Guilty plea
   12. 43 Alternative charges
   13. 44 Changes to the charge sheet during trial
   14. 45 Changes to the charge sheet by the court
   15. 46 Procedure after guilty plea
   16. 47 Pleas of guilty and not guilty on one charge sheet
   17. 48 Dispute on facts after finding of guilty
   18. 49 Change of plea
   19. 50 Procedure after not guilty plea
   20. 51 Adjournment and sittings
   21. 52 View by the court
   22. 53 Conclusion of trial in interests of justice
   23. 54 Member or assessor not to sit after absence
   24. 55 Adjournment of case where court ceases to be properly constituted
   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 Deliberation on finding
   39. 70 Special finding
   40. 71 Record of finding
   41. 72 Offences taken into consideration
5. Part V · Sentencing
   1. 73 Pre-sentence report
   2. 74 Evidence before sentencing
   3. 75 Evidence on behalf of the accused
   4. 76 Opportunity for parent to be heard
   5. 77 Deliberation on sentence
   6. 78 Postponement of deliberation on sentence
   7. 79 Deferment of award of sentence
   8. 80 Form of sentence
   9. 81 Announcement of sentence and conclusion of trial
   10. 82 Unfitness to stand trial and insanity
   11. 83 Note of proceedings
6. Part VI · Review and appeal
   1. 84 Review
   2. 85 Notice of appeal
   3. 86 Modification of the 1955 Act for appeals
7. Part VII · Miscellaneous
   1. 87 Re-trial following adjournment
   2. 88 Forwarding the proceedings
   3. 89 Custody of the proceedings
   4. 90 Loss of the proceedings
   5. 91 Application of certain enactments
   6. 92 Circumstances not provided for
   7. 93 Revocation and savings
8. Schedule 1 · Charges and joinder
   1. Part I Rules
   2. Part II Form
9. Schedule 2 · Forms
10. Schedule 3 · Oaths and affirmations
    1. Part I Manner of administering oaths and affirmations
    2. Part II Form of oath
    3. Part III Form of scottish oaths
    4. Part IV Form of solemn affirmations
    5. Form of oath in court
    6. Form of promise
11. Schedule 4 · Application and modification of enactments
12. Schedule 5 · Revocations