The Courts-Martial (Royal Navy) Rules 1997
UK Statutory Instrument 1997 No. 170 — creates 1 criminal offence.
- Made
- 12 February 1997
- In force from
- 1 April 1997
- Extent
- Not stated
- Subject
- Miscellaneous
- Made under
- Naval Discipline Act 1957
Explanatory note
(This note is not part of the Rules) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Rules prescribe the procedure to be followed in court-martial trials under the Naval Discipline Act 1957 (c. 53). They accord in general with procedures in the Crown Court. These Rules replace and revoke the Naval Courts-Martial General Orders (Royal Navy) 1991 (S.I. 1991/2737) and take account of changes in the law and procedure since then, in particular, to give effect to the changes in the way arrangements are made for court-martial trials made by the Armed Forces Act 1996 (c. 46). The Rules provide for the first time for preliminary proceedings in the form of a hearing for directions, at which directions may be given by the judge advocate, and a pre-trial hearing, at which, as part of the court-martial itself, the judge advocate may make rulings before the trial of the accused commences. Previous special provision for trials in which navigation was an issue have been repealed, so that the relevant expert evidence may now be adduced under the general rules governing the admissibility of such evidence. A new procedure for dealing with mixed pleas has been established and allowance has been made for issues of fact to be tried in relation to charges to which the accused has pleaded guilty. Rules in relation to the admission of television link and video evidence have been included. The power to make Bankers’ Books Evidence Act 1879 orders has been given to commanding officers and judge advocates.
Offences created by this instrument
- Judge advocate sitting alone article 30(5) · Revoked · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Army, Air Force And Naval Discipline Acts (Continuation) Order 2004
Lords · Lords Chamber · 12 May 2004
The remedial order amends sections of the Naval Discipline Act to provide that the Judge Advocate of Her Majesty's Fleet, rather than the Chief NavalJudge Advocate (as he then was), appoints judicial officers and judge advocates. The order also makes consequential amendments to the Courts Martial (Royal Navy) Rules 1997, the Naval Custody Rules 2000, the Summary Appeal Court (Navy) Rules 2000 and the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1997