Criminal Justice Act 2003

Application to proceedings before service courts

2 (1) In their application to such proceedings those sections have effect with the following modifications.

(2) In section 116(2)(c) for “United Kingdom” substitute “country where the court is sitting”.

(3) In section 117 insert after subsection (7)—

“(8) In subsection (4) “criminal proceedings” includes summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957; and the definition of “criminal proceedings” in section 134(1) has effect accordingly.”

(4) In section 123(4) for paragraph (a) substitute—

“(a) in the case of proceedings before a court-martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court;”.

(5) In section 127, for subsection (7) substitute—

“(7) The appropriate rules are those regulating the practice and procedure of service courts.”

(6) In section 132(10), at the end of the definition of “rules of court” insert—

“(d) rules regulating the practice and procedure of service courts.”

(7) In section 134 insert after subsection (1)—

“(1A) In this Part “criminal investigation” includes any investigation which may lead—

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

(b) to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957.”