The Armed Forces (Court Martial) (Amendment) Rules 2013

• Citation: S.I. 2013/1851
• Sections: 6

Section 1 Citation and commencement

These Rules may be cited as the Armed Forces (Court Martial) (Amendment) Rules 2013, and shall come into force on 1 st August 2013.

Section 2 Interpretation

In these Rules “the 2009 Rules” means the Armed Forces (Court Martial) Rules 2009 .

Section 3 Proceedings requiring at least five lay members

(1) Rule 29 of the 2009 Rules is amended as follows.

(2) In rule 29(3), for “This rules applies to sentencing proceedings” substitute “Subject to rule 29A, this rule applies to sentencing proceedings”.

(3) In rule 29(4), for “This rule applies to variation proceedings” substitute “Subject to rule 29A, this rule applies to variation proceedings”.

Section 4 Proceedings requiring at least five lay members

After Rule 29 insert—

Disapplication of rule 29

(29A) Rule 29 does not apply to—

(a) sentencing proceedings where the sole defendant has entered a guilty plea before the commencement of trial proceedings;

(b) sentencing proceedings where there are two or more co-defendants, and each co-defendant has entered a guilty plea before the commencement of trial proceedings; and

(c) variation proceedings where paragraph (a) or (b) applied to the sentencing proceedings in which the sentence which falls to be varied was imposed.

Section 5 Certification of failure to comply with production order

After rule 151 of the 2009 Rules, insert—

Certification of failure to comply with production order

(151A)

(1) The court’s powers to certify a failure to comply with a production order may be exercised only at a hearing under this rule.

(2) If so directed by a judge advocate, the court administration officer shall—

(a) appoint a time and place for a hearing under this rule; and

(b) notify the relevant person and the Director of the time and place so appointed.

(3) The relevant person and the Director are entitled to be heard at the hearing.

(4) The relevant person need not attend the hearing, but the court may exercise its powers in the relevant person’s absence.

(5) In this rule—

“ production order ” means an order under paragraph 5 of Schedule 1 to the Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009 ;

the reference to the court’s powers to certify a failure to comply with a production order is to its powers under paragraph 11A(2) of that Schedule; and

“ the relevant person ” means the person failing to comply.

Section 6 Consequences of election for Court Martial trial

In Schedule 2 to the 2009 Rules, omit Part 8.