The Court Martial Appeal Court (Evidence) Order 2009

Application and modification of Chapter 1A of Part 2 of the 1999 Act

This section has no associated Explanatory Memorandum

4.—(1) Sections 33A to 33C of the 1999 Act shall apply to proceedings before the Court Martial Appeal Court, subject to the modifications specified in paragraphs (2) to (5).

(2) In sections 33A to 33C of the 1999 Act any reference to the accused is to be read as a reference to the person charged with an offence to which the proceedings before the Court Martial Appeal Court relate (whether or not he has been convicted).

(3) Section 33A(1) of the 1999 Act has effect as if for the words “(whether in a magistrates’ court or before the Crown Court) against a person for an offence” there were substituted “before the Court Martial Appeal Court”.

(4) Section 33A(8) of the 1999 Act has effect as if the words “and, if it is a magistrates’ court, it must cause those reasons to be entered in the register of its proceedings” were omitted.

(5) Section 33B(2)(a) of the 1999 Act has effect as if for the words “judge or justices (or both)” to the end there were substituted “judge or judges”.