The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009

Modification of competence of witnesses and capacity to be sworn provisions

10.—(1) In their application by virtue of article 9, the competence of witnesses and capacity to be sworn provisions are modified as follows.

(2) Any reference to criminal proceedings is to be read as a reference to proceedings before the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(3) Any reference to the court is to be read—

(a) in relation to proceedings before the Court Martial or the Service Civilian Court, as a reference to the judge advocate; or

(b) as a reference to the Court Martial Appeal Court.

(4) Section 54(1)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court as if for the word “its” there was substituted “his”.

(5) Section 54(4) of the Act has effect, in relation to proceedings before the Court Martial, as if for the words “jury (if there is one)” there were substituted “any lay members”.

(6) Section 55(1)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court as if for the word “its” there was substituted “his”.

(7) Section 55(5) of the Act has effect, in relation to proceedings before the Court Martial, as if for the words “jury (if there is one)” there were substituted “any lay members”.

(8) Section 56(5) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the words “any of sections 2(1), 13(1) and 16(1) of the Criminal Appeal Act 1968” there were substituted “section 12(1) of the Courts-Martial (Appeals) Act 1968” and as if for the words “Court of Appeal” there were substituted “Court Martial Appeal Court”.