Section 32 | In subsection (1), for the words “to which subsection (1A) below applies” there shall be substituted the words “before Service courts”. After subsection (1A) there shall be added the following subsection— In subsection (2), after paragraph (b) there shall be added the following paragraph— bbto an offence under the Army Act 1955 (other than section 70), the Air Force Act 1955 (other than section section) and the Naval Discipline Act 1957 (other than section 42) which involves an assault on, or injury or a threat of injury to, a person or cruelty to a person under sixteen years of age;
In subsection (2), after paragraph (c) there shall be omitted the word “and” and there shall be added the following paragraph— ccto an offence under the Army Act 1955 (other than section 70), the Air Force Act 1955 (other than section 70) and the Naval Discipline Act 1957 (other than section 42) which involves sexual or indecent behaviour; and
In subsection (2)(d), for the words “paragraph (a), (b) or (c)” there shall be substituted the words “paragraph (a), (b), (bb), (c) or (cc)”. After subsection (2) there shall be added the following subsections— 2Aathe court gives leave for a person to give evidence through a live television link, and bthe leave is given by virtue of subsection (1)(b) above, then, subject to subsection (2B) below, the person concerned may not give evidence otherwise than through a live television link. 2Bin a case falling within subsection (2A) above the court may give permission for the person to give evidence otherwise than through a live television link if it appears to the court to be in the interests of justice to give such permission. 2CPermission may be given under subsection (2B) above— aon an application by a party to the case, or bof the court’s own motion; but no application may be made under paragraph (a) above unless there has been a material change of circumstances since the leave was given by virtue of subsection (1)(b) above.
|
Section 32A | For subsection (1) there shall be substituted the following subsection— 1This section applies to proceedings before Service courts for any offence to which section 32(2) above applies.
In subsection (7)(a), for the words “section 32(2)(a) or (b)” there shall be substituted the words “section 32(2)(a), (b) or (bb)”. In subsection (7)(b), for the words “section 32(2)(c)” there shall be substituted the words “section 32(2)(c) or (cc)”. In subsection (7), after the definition of “child” there shall be added the following definition— In subsection (8), for the words “paragraph (a), (b) or (c) of section 32(2)” there shall be substituted the words “paragraph (a), (b), (bb), (c) or (cc) of section 32(2)”. After subsection (12) there shall be added the following subsection— 13Any reference in this section to section 32(2) (howsoever expressed) shall be to that subsection as modified by an order made under paragraph 8 of that Schedule.
|