The Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order applies the provisions of sections 32(1) to (3), 32A and 34A of the Criminal Justice Act 1988 (c. 33) (the 1988 Act), with modifications, to proceedings before Service courts. The provisions relate to the giving of evidence by witnesses other than the accused through a live television link and by video recording of an interview, and prohibit the cross-examination of a child witness by the accused in person. The Order revokes the Criminal Justice Act 1988 (Application to Service Courts) (Evidence through Television Links) Order 1993, which applied only section 32(1) to (3) of the 1988 Act to Service proceedings.

Sub-paragraph (2) of paragraph 8 of Schedule 13 to the 1988 Act provides for certain modifications to section 32 of the 1988 Act in its application before Service courts; Article 2 and the Schedule to the Order make further modifications to all three sections applied. The principle modifications are to extend the provisions to proceedings where the offence being tried is a Service offence (under the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) and the Naval Discipline Act 1957 (c. 53)) which involves violent, cruel or sexual behaviour.