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Criminal Justice Act 1988

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Changes over time for: SCHEDULE 13

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Version Superseded: 04/04/2005

Status:

Point in time view as at 26/04/2004.

Changes to legislation:

Criminal Justice Act 1988, SCHEDULE 13 is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Section 146.

SCHEDULE 13U.K. Evidence Before Courts-Martial Etc.

InterpretationU.K.

1In this Schedule—

  • procedural instruments” means—

(a)[F1Rules] under section 103 of the M1Army Act 1955 or section 103 of the M2Air Force Act 1955;

(b)[F1Rules] under section 58 of the M3Naval Discipline Act 1957;

(c)rules under section 49 of the M4Courts-Martial (Appeals) Act 1968; and

(d)orders under paragraph 12 of Schedule 3 to the M5Armed Forces Act 1976; and

  • Service courts” means—

(a)courts-martial constituted under the Army Act 1955 or the Air Force Act 1955;

(b)courts-martial constituted under the Naval Discipline Act 1957 F2. . .;

(c)the Courts-Martial Appeal Court; and

(d)Standing Civilian Courts.

Textual Amendments

F1Word in the definition of "procedural instruments" in Sch. 13 para. 1 substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 109(2)(a)(b); S.I. 1997/304, art. 2 (with art. 3).

F2Words in the definition of “Service Courts” in Sch. 13 para. 1 repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)

Modifications etc. (not altering text)

Marginal Citations

First-hand hearsayE+W

2Sections 23 and 24 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts with the substitution of the following sub-paragraph for section 23(2)(b)(i)—

(i)the person who made the statement is not in the country where the court is sitting; and.

Modifications etc. (not altering text)

Documentary evidenceU.K.

3Section 25 above shall have effect in relation to proceedings in the United Kingdom or elsewhere before Service courts as if such proceedings were mentioned in subsection (1) of that section.

Modifications etc. (not altering text)

4In section 26 above—

(a)the reference to criminal proceedings in paragraph (a) includes summary proceedings under [F3section 76B] of the Army Act 1955, [F3section 76B]of the Air Force Act 1955 or [F3section 52D] of the Naval Discipline Act 1957; and

(b)in paragraph (b) “criminal investigation” includes any investigation which may lead—

(i)to proceedings before a court-martial or Standing Civilian Court; or

(ii)to summary proceedings such as are mentioned in sub-paragraph (a) above.

Textual Amendments

Modifications etc. (not altering text)

5Without prejudice to the generality of any enactment conferring power to make them, procedural instruments may make such provision as appears to the authority making any of them to be necessary or expedient for the purposes of Part II of this Act.

Modifications etc. (not altering text)

Letters of request etc.E+W

6(1)[F4No application shall be made under [F5section 7 of the Crime (International Co-operation) Act 2003] in relation to any offence which is or is to be the subject of proceedings before a Service court], but the Secretary of State may by order make provision as to [F6requests for assistance in obtaining outside the United Kingdom evidence] for such proceedings.E+W

(2)An order under this paragraph may make different provision for different classes of case.

(3)The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to [F7requests for assistance in obtaining evidence] for proceedings before a Service court.

Textual Amendments

Modifications etc. (not altering text)

C6Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)

Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)

Form of evidence and glossariesU.K.

7For the purpose of helping members—

(a)of courts-martial constituted under the M6Army Act 1955 or the M7Air Force Act 1955; or

(b)of courts-martial constituted under the M8Naval Discipline Act 1957 F8. . .,

to understand complicated issues of fact or technical terms [F9rules] under section 103 of either of the first two of those Acts and [F9rules] under section 58 of the Naval Discipline Act 1957 may make provision—

(i)as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and

(ii)as to the furnishing of glossaries for such purposes as may be specified;

in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.

Textual Amendments

F8Words in Sch. 13 para. 7(b) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art, 2 (subject to art. 3)

Marginal Citations

Use of television linksU.K.

8(1)The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—

(a)to proceedings before Service courts; or

(b)to proceedings or proceedings of specified descriptions before Service courts in specified places.

(2)If an order is made under this paragraph—

(a)subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—

(a)the witness is not in the country where the court is sitting; or; and

(b)subsection (2) of that section shall have effect in relation to any such court with the substitution, for each reference to an offence, of a reference to a civil offence under section 70 of the Army or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in relation to which the corresponding civil offence, within the meaning of those sections, is that offence.

(3)An order under this paragraph may provide that section 32(1), (2) or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

(4)The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(6)In this paragraph “modifications” includes additions, omissions and amendments.

[F10 Video recordings of evidence]E+W

Textual Amendments

F119(1)The Secretary of State may by order direct that section 32A above shall have effect in relation—

(a)to proceedings before Service courts; or

(b)to proceedings, or proceedings of specified descriptions, before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2)The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

(4)In this paragraph “modifications” includes additions, omissions and amendments.

Textual Amendments

F12Cross -examination of childrenE+W

Textual Amendments

F1310(1)The Secretary of State may by order direct that section 34A above shall have effect in relation—

(a)to proceedings before Service courts; or

(b)to proceedings or proceedings of specified descriptions before Service courts in specified places,

subject to such modifications as may be specified in the order.

(2)The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In this paragraph “modifications” includes additions, omissions and amendments.

Textual Amendments

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