The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

The Criminal Justice and Public Order Act 1994 at sections 34 to 37 (with interpretative provisions at section 38), introduced measures which allow a court to draw such inferences as appear proper from the failure or refusal of an accused person to provide information in defined circumstances. The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 1997, applies those provisions, with modifications, to the proceedings set out in article 3(2).

The 1994 Act has been amended by the Youth Justice and Criminal Evidence Act 1999, so as to prohibit the drawing of inferences from an accused’s silence if he has not been allowed an opportunity to consult a solicitor in circumstances where sections 34, 36 and 37 would otherwise apply. This Order applies those new provisions, with appropriate modifications, to the Armed Forces.

The relevant provisions of the 1994 Act have the following effect:

Section 34 applies when an accused fails to mention facts when questioned under caution or when he is charged.

Section 35 makes provision for the effect of an accused’s silence at trial.

Section 36 applies when an accused is arrested and fails or refuses to account for objects, substances or marks (either on his person or clothing or footwear, or in the place where he is arrested, or otherwise in his possession).

Section 37 applies when an accused is arrested and fails or refuses to account for his presence at a particular place.

Section 38 is an interpretation and savings provision which relates to sections 34 to 37.

The Schedule 2 to this Order, which is for ease of reference and information purposes only, incorporates amendments to sections 34 to 38 of the 1994 Act made by the Youth Justice and Criminal Evidence Act 1999, and reflects those provisions as modified by the 1997 Order and this Order, as they apply to the proceedings in article 3(2).