The Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 and shall come into force on 6th December 2006.

(2) In this Order––

“the Act” means the Youth Justice and Criminal Evidence Act 1999;

“continuing proceedings” means proceedings instituted before the date on which this Order comes into force;

“existing special measures power” means any existing power of the judge advocate to make an order or give leave for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction;

“judge advocate” has the same meaning as in section 84B of the Army Act 1955(1);

“special measures direction” means a direction under section 19 of the Act.

(3) For the purposes of this Order, proceedings before a court-martial are to be taken to be instituted when the prosecuting authority referred to in subsection (4) of section 83B of the Army Act 1955(2), section 83B of the Air Force Act 1955(3) or section 52I of the Naval Discipline Act 1957(4) (as the case may be) prefers a charge under that subsection.

(1)

1955 c. 18. Section 84B was inserted by the Armed Forces Act 1996 (c. 46).

(2)

1955 c. 18. Section 83B was inserted by the Armed Forces Act 1996 (c. 46).

(3)

1955 c. 19. Section 83B was inserted by the Armed Forces Act 1996 (c. 46).

(4)

1957 c. 53. Section 52I was inserted by the Armed Forces Act 1996 (c. 46).