SCHEDULE 13 Evidence Before Courts-Martial Etc.
Interpretation
1
In this Schedule—
“procedural instruments” means—
(a)
F1Rules under section 103 of the M1Army Act 1955 or section 103 of the M2Air Force Act 1955;
(b)
F1Rules under section 58 of the M3Naval Discipline Act 1957;
(c)
rules under section 49 of the M4Courts-Martial (Appeals) Act 1968; and
(d)
orders under paragraph 12 of Schedule 3 to the M5Armed Forces Act 1976; and
“Service courts” means—
(a)
courts-martial constituted under the Army Act 1955 or the Air Force Act 1955;
(b)
courts-martial constituted under the Naval Discipline Act 1957 F2. . .;
(c)
the Courts-Martial Appeal Court; and
(d)
Standing Civilian Courts.
First-hand hearsay
2
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documentary evidence
3
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letters of request etc.
6
(1)
F7No application shall be made under F8section 7 of the Crime (International Co-operation) Act 2003 in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to F9requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.
(2)
An order under this paragraph may make different provision for different classes of case.
(3)
The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to F10requests for assistance in obtaining evidence for proceedings before a Service court.
Form of evidence and glossaries
7
For the purpose of helping members—
(a)
of courts-martial constituted under the M6Army Act 1955 or the M7Air Force Act 1955; or
(b)
of courts-martial constituted under the M8Naval Discipline Act 1957 F11. . .,
to understand complicated issues of fact or technical terms F12rules under section 103 of either of the first two of those Acts and F12rules under section 58 of the Naval Discipline Act 1957 may make provision—
(i)
as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and
(ii)
as to the furnishing of glossaries for such purposes as may be specified;
in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.
Use of television links
8
(1)
The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—
(a)
to proceedings before Service courts; or
(b)
to proceedings or proceedings of specified descriptions before Service courts in specified places.
(2)
If an order is made under this paragraph—
(a)
“(a)
the witness is not in the country where the court is sitting; or”; and
(b)
subsection (2) of that section shall have effect in relation to any such court with the substitution, for each reference to an offence, of a reference to a civil offence under section 70 of the Army or the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 in relation to which the corresponding civil offence, within the meaning of those sections, is that offence.
(3)
An order under this paragraph may provide that section 32(1), (2) or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.
(4)
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5)
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.
(6)
In this paragraph “modifications” includes additions, omissions and amendments.
F13 Video recordings of evidence
F149
(1)
The Secretary of State may by order direct that section 32A above shall have effect in relation—
(a)
to proceedings before Service courts; or
(b)
to proceedings, or proceedings of specified descriptions, before Service courts in specified places,
subject to such modifications as may be specified in the order.
(2)
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)
Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.
(4)
In this paragraph “modifications” includes additions, omissions and amendments.
F15Cross -examination of children
F1610
(1)
The Secretary of State may by order direct that section 34A above shall have effect in relation—
(a)
to proceedings before Service courts; or
(b)
to proceedings or proceedings of specified descriptions before Service courts in specified places,
subject to such modifications as may be specified in the order.
(2)
The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)
In this paragraph “modifications” includes additions, omissions and amendments.