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Coroners and Justice Act 2009

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This is the original version (as it was originally enacted).

Anonymity of witnesses

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20(1)Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service court are to be treated as including a reference to—

(a)a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);

(b)the Summary Appeal Court established by any of those Acts;

(c)a Standing Civilian Court established under the Armed Forces Act 1976;

(d)the Courts-Martial Appeal Court.

(2)Notwithstanding subsection (6) of section 93 of this Act, the references in section 93 to an appeal court are to be treated as including a reference to the Courts-Martial Appeal Court.

(3)Each of the provisions mentioned in sub-paragraph (4) has effect with the modification set out in that sub-paragraph in a case where—

(a)a witness anonymity order is made under Chapter 2 of Part 3 of this Act by a relevant service court to which that provision applies, and

(b)a person does anything in relation to the order which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court.

(4)In such a case—

(a)section 101(1) of the Army Act 1955 has effect with the omission of the words “not subject to military law”,

(b)section 101(1) of the Air Force Act 1955 has effect with the omission of the words “not subject to air-force law”, and

(c)section 65(1) of the Naval Discipline Act 1957 has effect with the omission of the words “not subject to this Act”.

(5)In sub-paragraph (3) “relevant service court” means—

(a)a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;

(b)the Summary Appeal Court established by any of those Acts.

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