- Latest available (Revised)
- Point in Time (31/07/2017)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 31/07/2017.
Criminal Justice Act 1988, SCHEDULE 13 is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 146.
Textual Amendments
F1Sch. 13: words in title substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
1U.K.In this Schedule—
“procedural instruments” means—
[F2(a)Court Martial rules within the meaning of the Armed Forces Act 2006;
(b)SCC rules within the meaning of that Act; and
(c)rules under section 49 of the Court Martial Appeals Act 1968;]
“Service courts” means—
[F3(a)the Court Martial;
(b)the Service Civilian Court; and
(c)the Court Martial Appeal Court.]
Textual Amendments
F2Words in Sch. 13 para. 1 substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(3)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F3Words in Sch. 13 para. 1 substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(3)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 13 para. 1 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 1 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)
2E+WF4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 13 para. 2 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(b), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
Modifications etc. (not altering text)
C2Sch. 13 para. 2 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 2 applied by S.I. 2000/2370, Rule 27(1)(f)
3E+WF5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 13 para. 3 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(b), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
Modifications etc. (not altering text)
C3Sch. 13 para. 3 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 3 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)
4U.K.F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 13 para. 4 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(b), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
Modifications etc. (not altering text)
C4Sch. 13 para. 4 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 4 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)
5E+WF7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 13 para. 5 repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 136(b), 332, 336, Sch. 37 Pt. 6; S.I. 2005/950, art. 2(1), Sch. 1 paras. 6, 27, 44(3) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
Modifications etc. (not altering text)
C5Sch. 13 para. 5 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 5 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)
6(1)[F8No application shall be made under [F9section 7 of the Crime (International Co-operation) Act 2003] [F10, and no order shall be made or validated under Part 2 of the Criminal Justice (European Investigation Order) Regulations 2017,] 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 [F11requests for assistance in obtaining outside the United Kingdom evidence] for such proceedings.E+W
(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 [F12requests for assistance in obtaining evidence] for proceedings before a Service court.
Textual Amendments
F8Words in Sch. 13 para. 6(1) substituted (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 31(1), Sch. 4 para. 6(3); S.I. 1991/1072, art. 2(a), Schedule Pt. I
F9Words in Sch. 13 para. 6(1) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(a)(i); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))
F10Words in Sch. 13 para. 6(1) inserted (31.7.2017) by The Criminal Justice (European Investigation Order) Regulations 2017 (S.I. 2017/730), reg. 1(1), Sch. 3 para. 2 (with reg. 3)
F11Words in Sch. 13 para. 6(1) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(a)(ii); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))
F12Words in Sch. 13 para. 6(4) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 91, 94, Sch. 5 para. 16(b); S.I. 2004/786, art. 3(2) (with S.I. 2004/787, art. 3(3))
Modifications etc. (not altering text)
C6Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2372, Rule 27(1)(e)
Sch. 13 para. 6 applied (2.10.2000) by S.I. 2000/2370, Rule 27(1)(f)
7U.K.F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 13 para. 7 repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
8(1)The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—E+W
(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)subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—
“(a)the witness is not in the country where the court is sitting; or”
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)An order under this paragraph may provide that section 32(1), F15. . . 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.
Textual Amendments
F14Sch. 13 para. 8(2)(b) and word preceding it repealed (6.12.2006) by 1999 c. 23, ss. 67, 68(3), Sch. 6 (with Sch. 7 para. 5(2)); S.I. 2006/2885, art. 2(b)(vii)(cc)
F15Word in Sch. 13 para. 8(3) repealed (6.12.2006) by 1999 c. 23, ss. 67, 68(3), Sch.6 (with Sch. 7 para. 5(2)); S.I. 2006/2885, art. 2(b)(vii)(cc)
Textual Amendments
F16Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.
9E+WF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F17Sch. 13 para. 9 repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
Textual Amendments
F18Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.
10E+WF19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19Sch. 13 para. 10 repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(4), Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: