Rules of Procedure , 1947. Dated October 16, 1947.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1947/2354 |
| Year | 1947 |
1947 No. 2354
ARMY
2. Rules of Procedure
THE RULES OF PROCEDURE, 1947. DATED OCTOBER 16, 1947.CONTENTS
PART I—ARREST AND TRIAL.
Rule.
Arrest.
1. Report of delay of trial under Army Act, s. 45.
Power of Commanding Officer.
2. Duty of commanding officer as to investigation of charge for offence.
3. Hearing of charge.
4. Disposal of the charge or adjournment for taking down the summary of evidence.
5. Remand of accused.
6. Summary award of punishment by commanding officer.
7. [Deleted.]
8. Procedure on charge against officer.
Disposal of Charge under Army Act, s. 47.
9. Summary disposal of charge against officer or warrant officer.
Revision of Summary Punishments.
10. Revision of summary punishments.
Framing Charges.
11. Charge-sheet and charge.
12. Commencement and validity of charge-sheet.
13. Contents of charge.
Preparation for Defence by Accused Person.
14. Rights of accused to prepare defence.
15. Information of charge and delivery of list of officers to accused.
16. Joint trial of several accused persons.
Convening of Court-Martial.
17. Procedure of officer on convening court-martial.
18. Adjournment for insufficient number of officers.
19. Ineligibility and disqualification of officers for court-martial.
20. Corps of members of court-martial.
21. Rank of members of court-martial in certain cases.
Procedure at Trial.—Constitution of Court.
22. Inquiry by court as to legal constitution.
23. Inquiry by court as to amenability of accused and validity of charge.
Procedure at Trial.—Challenge and Swearing.
24. Appearance of accused and prosecutor.
25. Proceedings for challenge of members of court.
26. Swearing of members.
27. Swearing of judge-advocate and other persons.
28. Substitution of solemn declaration for oath.
29. Form of oath in case of trial of several accused persons.
30. Swearing of person according to the form of his religion.
Prosecution, Defence, and Summing-up.
31. Arraignment of accused.
32. Objection by accused to charge.
33. Amendment of charge.
34. Special plea to the jurisdiction.
35. General plea of "Guilty" or "Not Guilty".
36. Plea in bar.
37. Procedure after plea of "Guilty".
38. Withdrawal of plea of "Not Guilty".
39. Plea of "Not Guilty", application for adjournment, and case for the prosecution.
40. Procedure where no witnesses to facts (except accused) called for defence.
41. Procedure where witnesses called for defence.
42. Summing-up by judge-advocate.
Finding and Sentence.
43. Consideration of finding.
44. Form of finding.
44A. Announcement of finding.
45. Procedure on acquittal.
46. Procedure on conviction.
47. Mode of forfeiting seniority of rank.
48. Sentence.
49. Recommendation to mercy.
50. Announcement of sentence and signing and transmission of proceedings.
Confirmation and Revision.
51. Procedure of confirming officer.
52. Procedure on revision.
53. Promulgation.
53A. Substitution of new or special finding.
54. Mitigation of sentence on partial confirmation.
55. Confirmation notwithstanding informality in or excess of punishment.
56. Confirmation notwithstanding technical or other deviation.
Insanity.
57. Provisions as to finding of insanity and custody of insane person.
General Provisions as to Proceedings of Court.
58. Seating of members.
59. Responsibility of president.
60. Power of court over address of prosecutor and accused.
61. Procedure on trial of accused persons together.
62. Separate charge-sheets.
63. Sitting in closed court.
64. Time for trial.
65. Continuity of trial and adjournment of court.
66. Suspension of trial.
67. Proceeding on death or illness of accused.
68. Presence throughout of all members of court.
69. Taking of opinions of members of court.
70. Procedure on incidental question.
71. Swearing of court to try several accused persons.
72. Swearing of interpreter and shorthand writer.
General Provisions as to Witnesses and Evidence.
73. Evidence to be according to rules in English courts.
74. Judicial notice.
75. Calling of all prosecutor's witnesses.
76. Calling of witness whose evidence is not contained in summary or abstract.
77. List of witnesses of accused.
78. Procuring attendance of witnesses.
79. Adjournment of court for non-attendance of witnesses.
80. Evidence of accused and his wife.
81. Withdrawal of witnesses from court.
82. Swearing of witnesses.
83. Mode of questioning witnesses.
84. Examination and cross-examination.
85. Questions to witness by members of court or judge-advocate.
86. Recalling of witnesses, and calling of witnesses in reply.
Defending Officer, Friend of Accused, and Counsel.
87. Defending officer and friend of accused.
88. Counsel allowed in certain courts-martial.
89. Requirements for appearance of counsel.
90. Counsel for prosecutor.
91. Counsel for accused.
92. General rules as to counsel.
93. Qualification of counsel.
Proceedings.
94. Record in proceedings of transactions of court-martial.
95. Taking down of evidence and addresses.
96. Custody and inspection of proceedings.
97. Transmission of proceedings after finding.
98. Preservation of proceedings.
99. Rate of payment for copies of proceedings.
100. Loss of proceedings.
Judge-Advocate.
101. Appointment of judge-advocate and disqualification.
102. Death, illness, or absence of judge-advocate.
103. Powers and duties of judge-advocate.
Exception from Rules.
104. Suspension of rules on the ground of military exigencies or the necessities of discipline.
Field General Court-Martial.
105. Convening of field general court-martial.
106. Composition of field general court-martial.
107. As to field general court-martial where military exigencies occur.
108. Charge.
109. Trial of several accused persons.
110. Challenge.
111. Swearing of members, witnesses, etc.
112. Arraignment.
113. Plea to jurisdiction.
114. Witnesses and evidence.
115. Defence.
116. Procedure at trial.
117. Acquittal.
118. Sentence.
119. General provisions as to votes and powers of court.
120. Confirmation.
121. Application of rules.
122. Definitions.
123. Evidence of opinion of convening and confirming officer.
PART II.—MISCELLANEOUS.
Courts of Inquiry.
(i) General.
124. Courts of inquiry. General.
(ii) Courts of Inquiry under Section 72 of the Army Act for the purpose of determining the illegal absence of soldiers.
125. Courts of inquiry as to illegal absence under Army Act, s. 72.
(iii) Courts of Inquiry other than those held under Section 72 of the Army Act.
125A. Courts of inquiry other than those held under Army Act, s. 72.
Explanation of "Prescribed" and "Commanding Officer."
126. Prescribed officers for the purposes of Army Act, ss. 43, 47, 57 and 73, and competent military authorities for the purposes of Army Act, ss. 58, 60, 61, 64, 65 and 66.
127. Prescribed procedure of court of inquest (India or Burma) under Army Act, s. 134.
128. Prescribed officer for competent military authority (Army Act, s. 101).
129. Definition of "commanding officer."
Prisons and Detention Barracks out of the United Kingdom.
130. Committal and removal of soldiers under sentence out of the United Kingdom.
PART III.—SUPPLEMENTAL.
131. Exercise of powers vested in holder of military office.
132. Cases unprovided for.
133. Forms in appendices.
134. Definitions.
135. Construction of rules.
136. Application of rules to Channel Islands and Isle of Man.
137. Extent of application of rules.
138. Short title.
139. Commencement of rules.
FIRST APPENDIX.
Form of Charges.
Notes.
Commencement of Charge Sheet.
Statement of Offence.
Illustration of charge.
SECOND APPENDIX.
Forms as to Courts-Martial.
Forms of Summons to Witnesses.
Forms of Oaths and Declarations.
THIRD APPENDIX.
Forms of Commitment.
THE RULES OF PROCEDURE, 1947.
PART I.—ARREST AND TRIAL.
Arrest.
Report of delay of trial under Army Act, s. 45.
1. The special report of the necessity for further delay in ordering a court-martial to assemble for the trial of an officer or soldier required under Section 45 of the Army Act, shall be made by means of a letter from the commanding officer of that officer or soldier reporting the necessity to the general or other officer to whom application would be made to convene a court-martial for the trial of that officer or soldier.
Power of Commanding Officer.
Duty of commanding officer as to investigation of charge for offence.
2. Every commanding officer will take care that a person under his command, when charged with an offence, is not detained in custody for more than forty-eight hours after the committal of that person into custody is reported to him, without the charge being investigated, unless investigation within that period seems to him to be impracticable with due regard to the public service. Every case of a person being detained in custody beyond a period of forty-eight hours, and the reason thereof, shall be reported by the commanding officer to the general or other officer to whom application would be made to convene a court-martial for the trial of the person charged.
Hearing of charge.
3.—(a) Every charge against a soldier will be heard in the presence of the accused. The accused will have full liberty to cross-examine any witness against him, and to call any witnesses and make any statement in his defence. On the application of the accused, he and his wife may be called as witnesses, subject to the provisions of Rule 80.
(b) If the accused demands that the evidence against him be taken on oath, an oath will be administered by the investigating officer and taken by each witness in the same form and manner as provided for a court-martial, or, in the case of a witness allowed before a court-martial to make a solemn declaration, the like solemn declaration will be made before the investigating officer.
Disposal of the charge or adjournment for taking down the summary of evidence.
4.—(a) The commanding officer will dismiss a charge brought before him if in his opinion the evidence does not show that some offence under the Army Act has been committed, or if, in his discretion, he thinks that...
To continue reading
Request your trial