These Rules may be cited as the Court Martial Appeal Court (Amendment) Rules 2015 and shall come into force on 16th November 2015.
S.I. 2015/1814
The Court Martial Appeal Court (Amendment) Rules 2015
These Rules amend the Court Martial Appeal Court Rules 2009 (S.I. 2009/2657) so as to give effect to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57-73), articles 3 and 7. The 2009 Rules require the provision, where necessary, of interpretation and translation services for persons accused or convicted of service offences who need such services at an appeal. These Rules extend similar provision to the complainant when due to attend a hearing as a witness, and also give the registrar power to appoint an interpreter for other witnesses. These amendments come into force on 16th November 2015.
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The Court Martial Appeal Court Rules 2009 are amended as follows.
In paragraph (2) of rule 2 (interpretation), after the definition of “the commission” insert—
“the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;
After rule 16 (interpreters), insert—
Interpretation and translation for witnesses other than a person to whom proceedings relate
(16A)
(1) Where the complainant is due to attend a hearing as a witness, the registrar, where satisfied that the person needs interpretation, must appoint an interpreter to act at the hearing.
(2) The registrar may also appoint an interpreter for any other witness who is required to give evidence at a hearing, other than a person to whom proceedings relate.
(3) Before an interpreter begins to act at a hearing, an oath or affirmation must be administered to the interpreter.
(4) Before an interpreter is sworn or makes his affirmation, the interpreter’s name must be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.
(5) If the court upholds any such objection, the interpreter shall not be sworn or make his affirmation, and the registrar must appoint another interpreter.
(6) On application or on its own initiative, the court may require a written translation of any document or part of a document to be provided for a complainant or other person (other than a person to whom proceedings relate) who attends a hearing as a witness and who needs interpretation.
(7) The registrar must record, by such means as the Lord Chancellor directs―
(a) the identity of any interpreter; and
(b) any decision on an application under paragraph (6).
Cite this legislation
- Official citation
- S.I. 2015/1814
- Source
- legislation.gov.uk
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- OGL-3 ↗
The Court Martial Appeal Court (Amendment) Rules 2015 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2015-1814
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
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