Search Legislation

Armed Forces Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Armed Forces Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Prospective

Section 26

SCHEDULE 2E+W+S+N.I.Judge advocates sitting in civilian courts

This schedulenoteType=Explanatory Notes has no associated

Part 1 E+W+S+N.I.Amendments conferring jurisdiction on judge advocates

Senior Courts Act 1981 (c. 54)E+W+S+N.I.

1(1)Section 8 of the Senior Courts Act 1981 (persons who may exercise the jurisdiction of the Crown Court) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(b), for “, Recorder or District Judge (Magistrates' Courts)” substitute “, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.

(3)In subsection (1)(c), for “or Recorder” substitute “ , Recorder or qualifying judge advocate ”.

(4)After subsection (1) insert—

(1A)The jurisdiction of the Crown Court exercisable by a qualifying judge advocate by virtue of subsection (1) is the jurisdiction of the Court in relation to any criminal cause or matter other than an appeal from a youth court.

(5)In subsection (3), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.

(6)After subsection (3) insert—

(4)Subsection (1A) does not affect the jurisdiction of the Crown Court exercisable by a person who holds an office mentioned in subsection (1)(a) or (b) where that person is also a qualifying judge advocate.

2In section 73(2) and (3) of that Act (general provisions relating to Crown Court proceedings), for “or Recorder” (wherever it occurs) substitute “ , Recorder or qualifying judge advocate ”.E+W+S+N.I.

3In section 74 of that Act (Crown Court proceedings on appeals)—E+W+S+N.I.

(a)in subsection (1), after “Recorder” insert “ or a qualifying judge advocate ”; and

(b)in subsection (3), for “or Recorder,” substitute “ , Recorder or qualifying judge advocate, ”.

4In section 75(1) of that Act (allocation of cases and distribution of cases in Crown Court), for “, Circuit judge, Recorder or District Judge (Magistrates' Courts)” substitute “, Circuit judge, Recorder, qualifying judge advocate or District Judge (Magistrates' Courts)”.E+W+S+N.I.

5In section 151(1) of that Act (interpretation), at the appropriate place insert—E+W+S+N.I.

qualifying judge advocate” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General);.

Courts Act 2003 (c. 39)E+W+S+N.I.

6In section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts))—E+W+S+N.I.

(a)after subsection (2) insert—

(2A)A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.; and

(b)after subsection (4) insert—

(5)In this section “qualifying judge advocate” means—

(a)the Judge Advocate General; or

(b)a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6)Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.

Part 2 E+W+S+N.I.Related amendments

Criminal Justice Act 1967 (c. 80)E+W+S+N.I.

7In section 9(5) of the Criminal Justice Act 1967 (application for court attendance of person who has provided a written statement), after paragraph (d) insert—E+W+S+N.I.

(e)subject to subsection (5A), a qualifying judge advocate (within the meaning of the Senior Courts Act 1981).

(5A)Subsection (5)(e) applies only where the application in question is to the Crown Court.; but this paragraph is subject to paragraph 8.

8(1)This paragraph applies if the amendment made to section 9(5) of the Criminal Justice Act 1967 by paragraph 1 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule.E+W+S+N.I.

(2)Until the coming into force of that amendment—

(a)paragraph 7 above does not apply; and

(b)section 9(5) of the Criminal Justice Act 1967 is amended as follows.

(3)The words from “by a puisne judge” to the end become paragraph (a).

(4)After paragraph (a) insert ; or

(b)subject to subsection (5A), by a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) sitting alone.

(5A)Subsection (5)(b) applies only where the application in question is to the Crown Court.

Juries Act 1974 (c. 23)E+W+S+N.I.

9In section 9B(3) of the Juries Act 1974 (judges who may determine whether juror to be discharged on account of disability)—E+W+S+N.I.

(a)omit the “or” at the end of paragraph (c); and

(b)after paragraph (d) insert , or

(e)subject to subsection (4), a qualifying judge advocate (within the meaning of the Senior Courts Act 1981).

(4)Subsection (3)(e) applies only where the case relates to a summons to attend for jury service in the Crown Court.;

but this is subject to paragraph 10.

10(1)This paragraph applies if the amendment made to section 9B(3) of the Juries Act 1974 by paragraph 3 of Schedule 4 to the Courts Act 2003 has not come into force before the commencement of paragraph 1 of this Schedule.E+W+S+N.I.

(2)Until the coming into force of that amendment—

(a)paragraph 9 above does not apply; and

(b)section 9B(3) of the Juries Act 1974 is amended as follows.

(3)The words from “any judge” to the end become paragraph (a).

(4)After paragraph (a) insert , or

(b)subject to subsection (4), any qualifying judge advocate (within the meaning of the Senior Courts Act 1981).

(4)Subsection (3)(b) applies only where the case relates to a summons to attend for jury service in the Crown Court.

Police and Criminal Evidence Act 1984 (c. 60)E+W+S+N.I.

11(1)Schedule 1 to the Police and Criminal Evidence Act 1984 (access to excluded or special procedure material) is amended as follows.E+W+S+N.I.

(2)In paragraph 17 (as amended by section 114(1) and (9) of the Serious Organised Crime and Police Act 2005), after “a Recorder” insert “ , a qualifying judge advocate (within the meaning of the Senior Courts Act 1981) ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources