The Armed Forces (Court Martial) Rules 2009

Interpretation of Chapter 6 U.K.

89.—(1) In this Chapter—

“eligible witness” means a witness eligible for assistance by virtue of rule 90 or 91;

“intermediary” has the same meaning as in section 29 of the 1999 Act;

[F1 “modern slavery offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)

an offence under section 1 (slavery, servitude and forced or compulsory labour) or 2 (human trafficking) of the Modern Slavery Act 2015;

(b)

an offence of attempting or conspiring to commit such an offence; or

(c)

an offence under Part 2 of the Serious Crime Act 2007 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is a modern slavery offence;]

“sexual offence” means an offence under section 42 as respects which the corresponding offence under the law of England and Wales is—

(a)

[F2 an offence which is— ;

(i)

an offence under Part 1 of the Sexual Offences Act 2003; or

(ii)

a relevant superseded offence as defined by section 62(1A) of the 1999 Act (meaning of “sexual offence” and other references to offences);

(b)

an offence of attempting or conspiring to commit, or of aiding, abetting, counselling or procuring or inciting the commission of, such an offence; or]

(c)

an offence under Part 2 of the Serious Crime Act 2007 M1 (encouraging and assisting crime) where the offence (or one of the offences) which the offender intended or believed would be committed is an offence under Part 1 of the Sexual Offences Act 2003;

“special measures direction” means a direction providing for one or more of the special measures available in relation to a witness to apply to evidence given by the witness;

“the special measures provisions” means the provisions of Chapter 1 of Part 2 of the 1999 Act applied by an order under section 61(1) of that Act.

(2) In this Chapter—

(a) references to the quality of a witness's evidence are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a witness's ability in giving evidence to give answers which address the questions put to the witness and can be understood both individually and collectively); and

(b) references to the special measures available in relation to a witness are to be construed in accordance with rule 92.

Textual Amendments

F1 Words in rule 89(1) inserted (31.7.2015) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/1472), regs. 1, 10(2)

F2 Words in rule 89(1) substituted (4.7.2022) by The Armed Forces (Service Court Rules) (Amendment) Rules 2022 (S.I. 2022/605), rules 1(2), 8(a)

Marginal Citations

M1 2007 c. 27.