The Youth Justice and Criminal Evidence Act 1999 (Application to the Courts-Martial Appeal Court) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order applies, with modifications, Chapters 1 to 3 and 5 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the Act”) to proceedings before the Courts-Martial Appeal Court. These Chapters contain a range of measures designed to help young, disabled, vulnerable or intimidated witnesses give evidence in criminal proceedings.

Article 3 contains transitional provisions in respect of proceedings commenced prior to the date this Order comes into force.

The Order applies to the Courts-Martial Appeal Court, with modifications, the provisions of Chapter 1 of Part 2 of the Act. This Chapter sets out which witnesses are eligible for assistance and the special measures available to assist them (including the use of screens, live television links and video-recorded evidence).

The Order also applies, with modifications, the provisions of Chapter 2, which provide protection for vulnerable witnesses from cross-examination by an accused in person, and the provisions of Chapter 3, which provide further protection to complainants in proceedings for sexual offences by restricting evidence or questioning about the complainant’s sexual history.

The Order also applies, with modifications, the provisions of Chapter 5, which deal with competence of witnesses and capacity to be sworn.