SCHEDULES

Section 113

SCHEDULE 6 E+WEvidence of bad character: armed forces

1 E+WSections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.

2 E+WSection 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.

3 (1) Section 107 has effect in relation to proceedings before [F1 the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications. E+W

(2) In subsection (1)—

(a) for [F2 a judge and jury] substitute “ [F3 the Court Martial] ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, [F4 discharge] the court. ”

(3) In subsection (2)—

(a) for “jury” substitute “ court ”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.

(4) In subsection (3)—

(a) for paragraph (a) substitute—

“(a) a court is required to determine under section 115B(2) of the Army Act 1955, [F5 section 167 of the Armed Forces Act 2006] whether a person charged with an offence did the act or made the omission charged,”;

(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;

(c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the [F6 discharge]court.”

(5) For subsection (4) substitute—

“(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to [F7 discharge] a court.”

Textual Amendments

F1 Words in Sch. 6 para. 3(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Words in Sch. 6 para. 3(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 Words in Sch. 6 para. 3(2)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 Word in Sch. 6 para. 3(2)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(b)(iii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in Sch. 6 para. 3(4)(a) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(c)(i); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6 Word in Sch. 6 para. 3(4)(c) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(c)(ii); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7 Word in Sch. 6 para. 3(5) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(2)(d); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

4 E+WSection 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—

“(1) Where the court makes a relevant ruling—

(a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before [F8 the Court Martial], in the absence of the other members of the court) its reasons for the ruling;

(b) if it is [F9 the Summary Appeal Court or the Service Civilian Court], it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.”

Textual Amendments

F8 Words in Sch. 6 para. 4 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(3)(a); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9 Words in Sch. 6 para. 4 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(3)(b); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

5 E+WSection 111 has effect as if [F10 the expression]“rules of court” included rules regulating the practice and procedure of service courts.

Textual Amendments

F10 Words in Sch. 6 para. 5 substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 52 (with art. 2(2))

[F11 6 E+WIn this Schedule “service court” means—

(a) the Court Martial;

(b) the Summary Appeal Court;

(c) the Service Civilian Court; or

(d) the Court Martial Appeal Court.]

Textual Amendments

F11 Sch. 6 para. 6 substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 234(4); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4