Sch. 7 para. 2 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Sch. 7 para. 8 in force at 1.4.2003 by S.I. 2003/707, art. 2(c)
Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(g)
Sch. 7 para. 6 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)
Sch. 7 para. 1 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(f)
Sch. 7 para. 6 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(f)
Words in Sch. 7 para. 6(6)(a) 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. 161(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Sch. 7 para. 6(6)(b) 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. 161(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Sch. 7 para. 6(3) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 44(2)
Section 67.
In this Schedule—
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For the purposes of this Schedule—
proceedings other than proceedings on appeal are to be taken to be instituted at the time when they would be taken to be instituted for the purposes of Part I of the
proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 9 or 11 of the
Expressions used in this Schedule which are also used in Part II of this Act have the same meaning in this Schedule as in that Part.
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A special measures direction may be given in relation to a witness in continuing proceedings unless the court has before the specified date—
given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the 1988 Act, or
exercised any existing special measures power in relation to the witness in connection with those proceedings.
The repeals made by this Act shall not affect the continued operation in relation to a witness in continuing proceedings of section 32 or 32A of the 1988 Act where before the specified date leave was given in relation to the witness in connection with those proceedings by virtue of section 32(1)(b) or section 32A, as the case may be.
Nothing in this Act affects the continued operation in relation to a witness in continuing proceedings of any order made or leave given under any existing special measures power exercised by the court before the specified date in relation to the witness in connection with those proceedings.
In this paragraph—
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for the purposes of this paragraph, and
in relation to any description of witnesses and proceedings within which the witness and the proceedings fall.
Nothing in Chapter II of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
Nothing in Chapter III of Part II applies in relation to continuing proceedings in which leave has been given before the commencement date for that Chapter—
under section 2 of the
(in the case of proceedings to which section 2 does not apply) in the exercise of any similar power of the court exercisable by virtue of its inherent jurisdiction.
Nothing in this Act affects the continued operation of any leave so given in relation to any such proceedings.
Section 44 applies in relation to an alleged offence whether the criminal investigation into it is begun before or after the coming into force of that section.
The restrictions imposed by subsection (2) of section 44 do not apply to the inclusion of matter in a publication if—
where the publication is a relevant programme, it is transmitted, or
in the case of any other publication, it is published,
before the coming into force of that section.
Nothing in section 45 or 46 applies in relation to proceedings instituted before the commencement date for that section.
In sub-paragraph (3) the reference to the institution of proceedings shall be construed—
in the case of proceedings in England in Wales (other than proceedings before a service court), in accordance with paragraph 1(2);
in the case of proceedings in Northern Ireland (other than proceedings before a service court), in accordance with sub-paragraph (5);
in the case of proceedings before a service court (wherever held) in accordance with sub-paragraph (6).
In the case of proceedings falling within sub-paragraph (4)(b)—
proceedings other than proceedings on appeal are to be taken to be instituted—
where a justice of the peace issues a summons under Article 20 of the
where a justice of the peace issues a warrant for the arrest of any person under that Article, when the complaint for the offence is made;
where a person is charged with the offence after being taken into custody without a warrant, when he is informed of the particulars of the charge;
where an indictment is presented under the authority of section 2(2)(c), (d), (e) or (f) of the
and where the application of this paragraph would result in there being more than one time for the institution of the proceedings, they shall be taken to have been instituted at the earliest of those times; and
proceedings on appeal are to be taken to be instituted at the time when the notice of appeal is given or (as the case may be) the reference under section 10 or 12 of the
In the case of proceedings falling within sub-paragraph (4)(c)—
proceedings other than proceedings on appeal are to be taken to be instituted when Army Act 1955, section 83B(4) of the Air Force Act 1955 or section 52I(4) of the Naval Discipline Act 1957; and
proceedings on appeal are to be taken to be instituted when the application for leave to appeal is lodged in accordance with section 9 of the Courts-Martial (Appeals) Act 1968 or (as the case may be) the reference under section 34 of that Act is made.
proceedings on appeal are to be taken to be instituted—
in the case of an appeal under the Court Martial Appeals Act 1968, when the application for leave to appeal is lodged in accordance with section 9 of that Act;
in the case of an appeal under section 285 of the Armed Forces Act 2006 (except one for which leave is required), when the notice of appeal is given;
in the case of an appeal under that section for which leave is required, when the application for leave to appeal is lodged;
in the case of a reference under section 34 of the Court Martial Appeals Act 1968 or section 12A or 12B of the Criminal Appeal Act 1995, when the reference is made.
Nothing in Chapter V of Part II applies in relation to proceedings instituted before the commencement date for that Chapter.
The amendments made by section 58—
apply only to proceedings instituted on or after the commencement date for that section; but
so apply whether the relevant failure or refusal on the part of the accused took place before or after that date.