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Armed Forces Act 2006

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This is the original version (as it was originally enacted).

Section 278

SCHEDULE 10Proceedings of the Service Civilian Court

This schedule has no associated Explanatory Notes

Court to sit in public

1Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.

Unfitness to stand trial and insanity

2Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)—

(a)whether the defendant is fit to stand trial, or

(b)where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission,

the court must refer the charge to the Court Martial for trial by that court.

Privilege of witnesses and others

3A witness before the Service Civilian Court or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales.

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