Court-Martial Rules 2008
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules may be cited as the Court-Martial Rules 2008.
(2) These Rules shall come into operation on the 1st day of September 2008.
(3) These Rules shall apply within and outside the State.
num: 2
paragraphs: (1) In these Rules—
(a) any statement in writing, prepared in accordance with the Rules of Procedure, of the evidence of witnesses proposed to be called at the trial by court-martial of an accused person, or
(b) where the context so admits or requires, any statement or record of evidence of a witness, (including that, if any, of the person charged) given or prepared to be given, or heard, at an investigation of a charge before a commanding officer (pursuant to sections 177, 177A or 178C), or an authorised officer (pursuant to section 177C), or an officer appointed for that purpose by the Deputy Chief of Staff (pursuant to section 177), as the case may be;
(2) In these Rules, unless otherwise provided, a reference to a section is to a section of the Act.
(3) The words and expressions defined in section 2(1) have the same meaning in these Rules as in the Act.
(4) Time for the purpose of any proceedings or other matter under these Rules shall be reckoned exclusive of Sunday, Good Friday, Christmas Day and St. Patrick’s Day. Time reckoned for the purposes of arrest, custody, punishment or forfeiture or deduction of pay shall include those days.
num: 3
paragraphs: Subject to these Rules, an accused person shall be entitled to be represented at his or her trial by court-martial by counsel or by any officer subject to military law, referred to in these Rules as the “defending officer”.
num: 4
paragraphs: (1) Where the military judge presiding at a court-martial is unable to attend, the Court-Martial Administrator shall have power to adjourn the court for a period not exceeding fourteen days, to a date, time and place specified by him.
(2) A court-martial adjourned pursuant to this Rule may be dissolved, pursuant to section 193(4) by order in writing:
(a) by another military judge or,
(b) if there is no other military judge and if the Court-Martial Administrator, after consultation with the Director, is satisfied that no military judge is likely to be available within a reasonable period, by the Court-Martial Administrator.
(3) Where a court-martial is dissolved in accordance with this Rule, the accused may be re-tried by another court-martial on the directions of the Director.
num: 5
paragraphs: (1) The Court-Martial Administrator shall establish and maintain a Register of Proceedings before courts-martial (in these Rules referred to as “the Register”).
(2) Each case directed to be tried by court-martial and each appeal to the summary court-martial shall be assigned a unique reference number by the Court-Martial Administrator, referred to in these Rules as the Register Number.
(3) The Court-Martial Administrator shall include in the Register the service number, rank, name and unit (if any), address, and other particulars of every accused or appellant together with the name, business address, and contact details of their counsel, where known, a record of every order made or direction given in every proceedings and such other particulars as the military judge may direct the Court-Martial Administrator to include from time to time.