The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009

Modification of protection of witnesses from cross-examination provisions

6.—(1) In their application by virtue of article 5, the protection of witnesses from cross-examination provisions are modified as follows.

(2) Any reference to criminal proceedings is to be read as a reference to proceedings before the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(3) Any reference to—

(a)the court, or

(b)the judge,

is to be read, in relation to proceedings before the Court Martial or the Service Civilian Court, as a reference to the judge advocate.

(4) Any reference to the accused is to be read—

(a)in relation to—

(i)trial proceedings within the meaning of Court Martial Rules, or

(ii)trial proceedings within the meaning of SCC Rules,

as a reference to the defendant;

(b)in relation to appellate proceedings within the meaning of Court Martial Rules, as a reference to the appellant;

(c)in relation to proceedings before the Court Martial Appeal Court, as a reference to the person charged with an offence to which the proceedings relate (whether or not he has been convicted).

(5) Any reference to Criminal Procedure Rules is to be read as a reference to Rules of court.

(6) Any reference to the jury is to be read, in relation to proceedings with lay members (within the meaning of Court Martial Rules), as a reference to those lay members.

(7) Section 35(3) of the Act has effect as if for the words “The offences to which this section applies are—” there were substituted “This section applies to any offence under section 42 of the Armed Forces Act 2006 to which the corresponding offence under the law of England and Wales (within the meaning of that Act) is—” and for the word “any” in paragraph (a) there was substituted “an”.

(8) Section 36(1)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the words “of its” there were substituted “of his”.

(9) Section 37(2)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the word “its” there was substituted “his”.

(10) Section 37(4) of the Act has effect, in relation to proceedings before—

(a)the Court Martial or the Service Civilian Court, as if for the word “its” there was substituted “his”;

(b)the Court Martial or the Court Martial Appeal Court, as if the words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” were omitted;

(c)the Service Civilian Court, as if for the words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” there were substituted “and the judge advocate must cause them to be entered in the record of proceedings”.

(11) Section 38(2) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the words “it must” there were substituted “he must” and as if for the words “it may” there were substituted “he may”.

(12) Section 38(4) of the Act has effect as if the word “qualified” was omitted.

(13) Section 38(8) of the Act has effect as if—

(a)the word “and” in paragraph (a), and

(b)paragraph (b),

were omitted.

(14) Section 39(1) of the Act has effect as if the words “on a trial on indictment with a jury” were omitted.