Schedules

Schedule 22Transitional, transitory and saving provisions

Part 3Criminal evidence, investigations and procedure

Anonymity of witnesses

20

1

Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service court are to be treated as including a reference to—

a

a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

b

the Summary Appeal Court established by any of those Acts;

c

a Standing Civilian Court established under the Armed Forces Act 1976;

d

the Courts-Martial Appeal Court.

2

Notwithstanding subsection (6) of section 93 of this Act, the references in section 93 to an appeal court are to be treated as including a reference to the Courts-Martial Appeal Court.

3

Each of the provisions mentioned in sub-paragraph (4) has effect with the modification set out in that sub-paragraph in a case where—

a

a witness anonymity order is made under Chapter 2 of Part 3 of this Act by a relevant service court to which that provision applies, and

b

a person does anything in relation to the order which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court.

4

In such a case—

a

section 101(1) of the Army Act 1955 has effect with the omission of the words “not subject to military law”,

b

section 101(1) of the Air Force Act 1955 has effect with the omission of the words “not subject to air-force law”, and

c

section 65(1) of the Naval Discipline Act 1957 has effect with the omission of the words “not subject to this Act”.

5

In sub-paragraph (3) “relevant service court” means—

a

a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;

b

the Summary Appeal Court established by any of those Acts.