Part IIGiving of evidence or information for purposes of criminal proceedings

Chapter VIIGeneral

61Application of Part II to service courts

(1)The Secretary of State may by order direct that any provision of—

(a)Chapters I to III and V, or

(b)sections 62, 63 and 65 so far as having effect for the purposes of any of those Chapters,

shall apply, subject to such modifications as he may specify, to any proceedings before a service court.

(2)Chapter IV (and sections 62, 63 and 65 so far as having effect for the purposes of that Chapter) shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify.

(3)The power to make an order under section 39 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to the armed forces) in relation to any provision of sections 34 to 38 of that Act shall be exercisable in relation to any provision of those sections as amended by section 58 above.

62Meaning of “sexual offence” and other references to offences

(1)In this Part “sexual offence” means—

(a)rape or burglary with intent to rape;

(b)an offence under any of sections 2 to 12 and 14 to 17 of the [1956 c. 69.] Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

(c)an offence under section 128 of the [1959 c. 72.] Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

(d)an offence under section 1 of the [1960 c. 33.] Indecency with Children Act 1960 (indecent conduct towards child under 14);

(e)an offence under section 54 of the [1977 c. 45.] Criminal Law Act 1977 (incitement of child under 16 to commit incest).

(2)In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.

63General interpretation etc. of Part II

(1)In this Part (except where the context otherwise requires)—

(2)Nothing in this Part shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Part.