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Armed Forces Act 2006

Schedule 10 – Proceedings of the Service Civilian Court

834.This Schedule provides for certain matters concerning the procedure and practice of the Service Civilian Court. Paragraph 1 provides that the SCC must sit in open court, that is, in public, subject to any provision made by SCC rules (made under section 288).

835.Paragraph 2 deals with the procedure to be followed if a question arises at a trial as to whether a defendant is fit to stand trial or, where it appears the defendant did the act or made the omission charged, where a question arises as to whether he was insane at that time. In either case the court must refer the charge to the Court Martial for trial by that court.

836.Paragraph 3 provides that a witness or any other person who has a duty to attend the court is entitled to the same privileges and immunities as a witness before a magistrates’ court in England and Wales.

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