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Statutory Instrument 1991 No. 2737

The Naval Courts-Martial General Orders (Royal Navy) 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 2737

DEFENCE

The Naval Courts-Martial General Orders (Royal Navy) 1991

Made2nd December 1991
Laid before Parliament6th December 1991
Coming into force1st January 1992


ARRANGEMENT OF ORDERS

PART I
Preliminary
1. Citation and Commencement.
2. Interpretation.
PART II
Pre-Trial Proceedings
3. Notice of alibi.
4. Reference of charges to convening authority.
5. The circumstantial letter.
6. Statements of the accused.
7. Charge sheet.
8. Charge sheet-joint trials.
9. The Charge.
10. Amendment of charge sheet.
11. Fresh evidence of negligence not alleged in circumstantial letter.
12. Unfitness to stand trial and insanity.
13. Duties of a convening authority.
14. Preparation of defence.
15. Navigation trials.
16. Report by navigation expert.
17. Navigation of aircraft. General Duties of President and Judge Advocate
18. The president.
19. Judge advocate generally.
20. Judge advocate sitting alone.
PART IV
Trial Proceedings
21. Status of members of the court-martial.
22. Challenges by the accused.
23. Administration of oaths.
24. Shorthand writer and Interpreter.
25. Form of oath.
26. Arraignment.
27. Challenge to the jurisdiction.
28. Charge defective in law.
29. Time bar or earlier trial.
30. Application to sever charges.
31. Plea to the charge.
32. Guilty plea.
33. Alternative charges.
34. Procedure after guilty plea.
35. Changes of plea.
36. Procedure after not guilty plea.
37. Circumstantial letter not copied to the court.
38. Additional facts or evidence.
39. Witnesses not called by prosecutor.
40. Oath of witness.
41. Withdrawal of witnesses.
42. Examination of witnesses by prosecution and defence.
43. Examination of navigation expert.
44. Examination of witnesses by president and judge advocate.
45. Recall of witnesses.
46. Transcript of tape recording.
47. Submission of no case to answer.
48. Evidence for the accused.
49. Witnesses called by the defence.
50. Further evidence for the prosecution.
51. Closing addresses.
52. Summing up by the judge advocate.
53. Adjournment.
55. Opinions on finding.
56. Advice of judge advocate on finding.
57. Evidence of character and circumstances.
58. Offences taken into consideration.
59. Determination of sentence.
60. Postponement of sentence.
61. Recording of sentence.
PART V
Witnesses and the Record
62. Witness summons.
63. Record of proceedings.
64. Documents to accompany record in navigation trials.
65. Exhibits.
66. Custody of record of proceedings and exhibits during trial.
PART VI
Evidence
67. Rules of evidence.
68. Privileges of witnesses.
69. Proof of service facts and records.
70. Bankers' Books.
71. Evidence in navigational trials.
PART VII
Miscellaneous
72. Civilian counsel.
73. Deviation or omission.
74. Unforeseen circumstances.
75. Revocation and savings. THE

 SCHEDULE 
 Part I:Manner of Administering Oaths at Courts-martial.
 Part II:Forms of oath.
 Part III:Form of Scottish oaths.
 Part IV:Form of solemn affirmation.

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