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The Standing Civilian Courts (Amendment) Order 2005

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Statutory Instruments

2005 No. 1534

DEFENCE

The Standing Civilian Courts (Amendment) Order 2005

Made

8 June 2005

Laid before Parliament

10 June 2005

Coming into force -

1 July 2005

The Secretary of State, in exercise of the powers conferred upon him by paragraph 12 of Schedule 3 to the Armed Forces Act 1976(1), and sections 111 and 132 of the Criminal Justice Act 2003(2), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Standing Civilian Courts (Amendment) Order 2005 and shall come into force on 1 July 2005.

Amendments to the Standing Civilian Courts Order 1997

2.—(1) The Standing Civilian Courts Order 1997(3) (“the 1997 Order”) is amended as follows.

(2) In article 2 after the definition of “the 1955 Act” there is inserted—

“the 2003 Act” means the Criminal Justice Act 2003;.

(3) After article 26 there is inserted—

Procedure for the admission of evidence of bad character

26A.(1) Where a party to the proceedings wishes to obtain the leave of the court under section 100(4) of the 2003 Act to adduce evidence of the bad character of a person other than an accused, he shall apply in the form set out in Schedule 2 to this Order and the application must be received by the court administration officer and all other parties to the proceedings—

(a)where that party is an accused or co-accused, not more than 14 days after service on him of the prosecution papers in accordance with article 10; or

(b)where that party is the prosecuting authority, not more than 7 days after the preferment of a charge or charges pursuant to article 6; or

(c)where the application concerns a person other than an accused who is invited to give (or has given) evidence for an accused, as soon as reasonably practicable.

(2) A party to the proceedings who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that application.

(3) Where a prosecutor wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 7 days after preferment of a charge or charges pursuant to article 6.

(4) Where a co-accused wishes to adduce evidence of an accused’s bad character he shall give notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 14 days after service on him of the prosecution papers in accordance with article 10.

(5) Where an accused wishes to apply to exclude evidence of his bad character under section 101(3) of the 2003 Act he shall apply in the form set out in Schedule 2 to this Order and the application must be received by the court administration officer and all other parties to the proceedings not more than 14 days after the accused receives a notice under paragraph (3) or (4).

(6) An accused entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.

(7) The magistrate may—

(a)allow a notice or application required under this article to be given or made in a different form, or orally; or

(b)reduce a time limit under this article, or extend it whether or not it has expired,

if it is in the interests of justice to do so.

(8) Where this article requires a notice or application to be given or made it may be given or made by fax or other means of electronic communication.

Procedure for the admission of hearsay evidence

26B.(1) Where a party to the proceedings wishes to adduce hearsay evidence on one or more of the grounds in section 114(1) of the 2003 Act, he shall give notice in the form set out in Schedule 2 to this Order and such notice must be received by the court administration officer and all other parties to the proceedings—

(a)where that party is an accused or co-accused, not more than 14 days after service on him of the prosecution papers in accordance with article 10; or

(b)where that party is the prosecuting authority, not more than 7 days after the preferment of a charge or charges pursuant to article 6.

(2) A party to the proceedings who receives a notice under paragraph (1) may oppose the admission of the hearsay evidence by giving notice in the form set out in Schedule 2 to this Order to the court administration officer and all other parties to the proceedings not more than 14 days after receiving that notice.

(3) A party entitled to receive a notice under this rule may waive his entitlement by so informing the court administration officer and the party who would otherwise have given the notice.

(4) The magistrate may—

(a)dispense with the requirement to give notice of an intention to adduce hearsay evidence;

(b)allow a notice required under this rule to be given in a different form, or orally; or

(c)reduce a time limit under this rule, or extend it whether or not it has expired,

if it is in the interests of justice to do so.

(5) Where this rule requires a notice to be given or sent it may be sent by fax or other means of electronic communication.

Application of articles 26A and 26B

26C.  Articles 26A and 26B shall only apply in relation to proceedings in which no charge has been preferred before 1 July 2005..

Forms relating to the admission of evidence of bad character

3.—(1) In Schedule 2 to the 1997 Order—

(a)after “Articles 10, 11, 26,” there is inserted “26A, 26B”; and

(b)after “Form 3—Form of witness summons” there is inserted—

  • Form 3A—Form of application for leave to adduce evidence of the bad character of a person other than an accused

  • Form 3B—Form of notice of intention to adduce evidence of accused’s bad character

  • Form 3C—Form of application to exclude evidence of accused’s bad character

  • Form 3D—Form of notice of intention to adduce hearsay evidence

  • Form 3E—Form of notice of intention to oppose admission of hearsay evidence.

(2) The forms set out in the Schedule to this Order are inserted after Form 3 in Schedule 2 to the 1997 Order.

Don Touhig

Parliamentary Under Secretary of State Ministry of Defence

8 June 2005

Article 3

SCHEDULE

Explanatory Note

(This note is not part of the Order)

This Order amends the Standing Civilian Courts Order 1997 (“the 1997 Order”). Article 2(3) inserts two new articles into the 1997 Order to provide for the procedure for the admission of evidence of bad character and hearsay evidence in the Standing Civilian Court under Chapters 1 and 2 of Part 11 of the Criminal Justice Act 2003. By virtue respectively of section 113 and Schedule 6, and section 135 and Schedule 7, of that Act, Chapters 1 and 2 have effect, subject to modification, in relation to proceedings before standing civilian courts. Article 3 of this Order inserts the forms relating to the admission of evidence of bad character and hearsay evidence into the 1997 Order. The new articles only apply to proceedings in relation to which the charge is preferred on or after 1 July 2005.

(1)

1976 c. 52; Schedule 3 was amended by section 5 of, and Schedule 1 to, the Armed Forces Act 1996 (c. 46).

(2)

2003 c. 44: by virtue of section 113 of, and paragraph 5 of Schedule 6 to, the Criminal Justice Act 2003 (“the 2003 Act”), section 111 has effect as if, in subsection (7), the definition of “rules of court” included rules regulating the practice and procedure of service courts. By virtue of section 135 of, and paragraph 2(6) of Schedule 7 to, the 2003 Act, section 132 is modified so that in its subsection (10), the definition of “rules of court” includes rules regulating the practice and procedure of service courts. By virtue of paragraph 6 of Schedule 6 and paragraph 8 of Schedule 7, “service court” includes a standing civilian court.

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