S. 61(2) in force for certain purposes and s. 61(1)(3) in force at Royal Assent, see s. 68(4)(d)(e)
S. 61(2) in force at 6.12.2006 in so far as not already in force by S.I. 2006/2885, art. 2(a)
S. 62(1) substituted (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 41(3); S.I. 2004/874, art. 2
Words in s. 62(1) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(2), 38
S. 62(1A) inserted (retrospective to 1.5.2004) by Criminal Justice and Immigration Act 2008 (c. 4), Sch. 26 paras. 37(3), 38
Words in s. 63(1) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 132 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
Words in s. 63(1) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 159; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
S. 62 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 11, 12
S. 62(2) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 37 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
S. 63 applied (with modifications) (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 11, 12
S. 63 applied (with modifications) (31.10.2009) by The Court Martial Appeal Court (Evidence) Order 2009 (S.I. 2009/2569), arts. 1, 5
The Secretary of State may by order direct that any provision of—
Chapters I to III and V, or
sections 62, 63 and 65 so far as having effect for the purposes of any of those Chapters,
shall apply, subject to such modifications as he may specify, to any proceedings before a service court.
Chapter IV (and sections 62, 63 and 65 so far as having effect for the purposes of that Chapter) shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify.
The power to make an order under section 39 of the
In this Part “
In subsection (1)
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rape or burglary with intent to rape;
an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);
an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);
an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);
an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).
In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.
In this Part (except where the context otherwise requires)—
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the Service Civilian Court; or
the Court Martial Appeal Court
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Nothing in this Part shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Part.