SCHEDULE 13 Evidence Before F1service courts.
Interpretation
1
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.
First-hand hearsay
2
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Documentary evidence
3
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Letters of request etc.
6
(1)
F8No application shall be made under F9section 7 of the Crime (International Co-operation) Act 2003 F10... 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.
(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.
Form of evidence and glossaries
7
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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”
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.
F16 Video recordings of evidence
9
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18Cross -examination of children
10
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .