Part 3General

C1137Service courts

1

In this Act—

a

a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,

b

a reference to an offence includes a reference to an offence triable by a service court,

c

“proceedings” includes proceedings before a service court, and

d

a reference to proceedings for an offence under this Act includes a reference to proceedings for F1an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.

2

In sections 92 and F4103A(1), “court” includes a service court.

F53

Where the court making a sexual harm prevention order is a service court—

a

sections 103A(3) to (9), 103F and 103J do not apply;

b

sections 103A(1) and (2), 103B to 103E and 103G to 103I apply—

i

subject to paragraphs (c) and (d), and

ii

as if they extended to the whole of the United Kingdom;

c

in relation to an application under section 103E in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—

i

the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial;

ii

consent under section 103E(7) must be the consent of the defendant and a Provost Martial;

iii

an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court Martial Appeal Court;

d

in relation to an application under section 103E in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—

i

the application must be made to the Crown Court in England and Wales;

ii

an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.

4

In this F6section—

  • “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);

  • “service court” meansF2the Court Martial or the Service Civilian Court;

  • F7“subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

F35

In subsection (1)(a) the reference to a service court includes a reference to the following—

a

the Court Martial Appeal Court;

b

the Supreme Court on an appeal brought from the Court Martial Appeal Court;

c

a court-martial;

d

a Standing Civilian Court.

F86

Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.