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SCHEDULES

Section 26.

SCHEDULE 2U.K. Minor and Consequential Amendments

Commencement Information

I1Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Removal of offender to United Kingdom before confirmation of sentenceU.K.

1U.K.In section 71AA(2) of each of the 1955 Acts (young service offenders: custodial orders) and in section 127(2) of each of those Acts (country in which sentence of imprisonment or detention to be served) the words “after the confirmation of the sentence is completed ” shall be omitted.

Commencement Information

I2Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Power to impose imprisonment for default in payment of finesU.K.

2U.K.In section 71B of each of the 1955 Acts and in section 43B of the 1957 Act (power to impose imprisonment for default in payment of fines), in subsection (2) (which refers to the Table in section 31(3A) of the Powers of Criminal Courts Act 1973) for the words from “from time to time ” to “the Magistrates’ Courts Act 1980 ” there shall be substituted “for the time being in force ”.

Commencement Information

I3Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Evidence of child of tender yearsU.K.

3(1)In section 93 of each of the 1955 Acts (administration of oaths)—

(a)in the proviso to subsection (2) (which relates to the evidence of a child of tender years and the corroboration thereof) the words from “so however ” to the end of the proviso shall be omitted; and

(b)after subsection (2) there shall be inserted the following subsection—

(2A)Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.

(2)In section 60 of the 1957 Act (administration of oaths)—

(a)the proviso to subsection (3) (which relates to the corroboration of evidence given by a child of tender years) shall be omitted; and

(b)after that subsection there shall be inserted the following subsection—

(3A)Unsworn evidence admitted by virtue of subsection (3) above may corroborate evidence (sworn or unsworn) given by any other person.

Commencement Information

I4Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Rules of evidenceU.K.

4(1)In section 99 of each of the 1955 Acts (rules of evidence), in subsection (1) after the words “subject to section 99A below ” there shall be inserted “to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.U.K.

(2)In the M1Armed Forces Act 1976, in Schedule 3 (Standing Civilian Courts), in paragraph 11 (rules of evidence) after the words “paragraph 12 below ” there shall be inserted “and to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) ”.

Commencement Information

I5Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations

Finality of trialsU.K.

5(1)Each of the 1955 Acts shall be amended in accordance with the following provisions of this paragraph.U.K.

(2)In section 133 (jurisdiction of civil courts), in subsection (1) for the words “an offence substantially the same as that offence ” there shall be substituted “the same, or substantially the same offence ”.

(3)In section 134 (persons not to be tried under those Acts for offences already disposed of), in subsection (1) for the words “that offence ” there shall be substituted “the same, or substantially the same offence ”.

Commencement Information

I6Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Enactments requiring fiat of Attorney General etc. in connection with proceedingsU.K.

6(1)In section 204A of each of the 1955 Acts (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than subsections (1) and (3) of section 132) for the words “subsections (1) and (3) ” there shall be substituted “subsection (3A) ”.U.K.

(2)In section 129A of the 1957 Act (fiat of Attorney General etc. not required in connection with proceedings under the Act, other than section 52(3)(b)) for the words “section 52(3)(b) ” there shall be substituted “section 52(3) ”.

Commencement Information

I7Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Recognizance by parent or guardian on conviction of civilian under 17U.K.

7U.K.In Schedule 4A to the 1957 Act (powers of court on trial of civilian) in paragraph 14(1) (order requiring parent or guardian to enter into a recognizance in respect of person under 17 found guilty of an offence) for the amount specified as the maximum amount of the recognizance there shall be substituted “£1,000 ”.

Modifications etc. (not altering text)

C1Sch. 2 para. 7 restricted (in relation to an offence committed on or before 31.12.1991) by S.I. 1991/2719, art. 3(2)

Commencement Information

I8Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Power of Courts-Martial Appeal Court to order retrialU.K.

8U.K.In section 19 of the M2Courts-Martial (Appeals) Act 1968 (power to authorise retrial in certain cases), in subsection (1) the words from “the appeal against conviction ” to “and ” shall be omitted.

Modifications etc. (not altering text)

C2Sch. 2 para. 8 restricted (where an application for leave to appeal is lodged on or before 31.12.1991) by S.I. 1991/2719, art. 3(3)

Commencement Information

I9Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations

Compensation ordersU.K.

9(1)In section 38 of the M3Powers of Criminal Courts Act 1973 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a)in subsection (1) after the words “compensation order ” there shall be inserted “or a service compensation order or award ”;

(b)in subsection (2) after the word “order ” there shall be inserted “or award ”; and

(c)at the end of the section there shall be added the following subsection—

(3)In this section a “service compensation order or award ” means—

(a)an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)an award of stoppages payable by way of compensation under any of those Acts.

(2)In section 67 of the M4Criminal Justice (Scotland) Act 1980 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a)in subsection (1) after the words “compensation order ” there shall be inserted “or a service compensation order or award ”;

(b)in subsections (2) and (3) after the word “order ”, in every place where it occurs, there shall be inserted “or award ”; and

(c)at the end of the section there shall be added the following subsection—

(4)In this section a “service compensation order or award ” means—

(a)an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)an award of stoppages payable by way of compensation under any of those Acts.

(3)In Article 5 of the M5Criminal Justice (Northern Ireland) Order 1980 (effect of compensation order on subsequent award of damages in civil proceedings)—

(a)in paragraph (1) after the words “compensation order ” there shall be inserted “or a service compensation order or award ”;

(b)in paragraphs (2) and (3) after the word “order ”, in every place where it occurs, there shall be inserted “or award ”; and

(c)at the end of the Article there shall be added the following paragraph—

(4)In this Article a “service compensation order or award ” means—

(a)an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(b)an award of stoppages payable by way of compensation under any of those Acts.

(4)In Schedule 7 to the M6Criminal Justice Act 1988 (compensation payable by Criminal Injuries Compensation Board), in paragraph 13 (reduction of compensation by reference to damages etc.) at the end of sub-paragraph (b) there shall be inserted— or

(c)any order under paragraph 11 (compensation orders) of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or

(d)any award of stoppages under any of the Acts referred to in sub-paragraph (c) above.

Commencement Information

I10Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations

Powers of Standing Civilian CourtsU.K.

10U.K.In section 8 of the M7Armed Forces Act 1976 (powers of Standing Civilian Courts in relation to civilians), in subsection (1) for the words “and to section 71A ” there shall be substituted “and to the restrictions imposed by section 71A ”.

Commencement Information

I11Sch. 2 wholly in force at 01.01.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations

Removal or amendment of spent or obsolete expressionsU.K.

11(1)In section 131 of each of the 1955 Acts (trial and punishment of service offences notwithstanding offender ceasing to be subject to military or air-force law), in subsection (1) the word “reconsideration ” shall be omitted.

(2)In section 145 of each of the 1955 Acts (forfeiture of pay for absence from duty), in subsection (1), in paragraph (b)—

(a)the words “corrective training, preventive detention ” shall be omitted; and

(b)for the words from “an order or sentence ” to the end of the paragraph there shall be substituted—

(i)an order or sentence of a civil court;

(ii)a revocation of a licence under section 62 of the Criminal Justice Act 1967; or

(iii)an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.

(3)In the 1957 Act, in section 129 (jurisdiction of civil courts), in subsection (2) the words “corrective training, preventive detention ” shall be omitted.

(4)In the M8Reserve Forces Act 1980, in Schedule 6 (general provisions as to evidence in proceedings under Parts IV and V of that Act) paragraph 1(7A) shall be omitted.

Commencement Information

I12Sch. 2 wholly in force at 1.1.1992 see s. 27(2) and S.I. 1991/2719, art. 2

Marginal Citations