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6th December 2007
Laid before Parliament
10th December 2007
Coming into force
1st January 2008
The Secretary of State makes the following Rules in exercise of the powers conferred upon him by section 58 and section 118(3A) and paragraph 17 of Schedule 4A of the Naval Discipline Act 1957(1), and sections 111 and 113 of, and paragraph 5 of Schedule 6 to, and sections 132 and 135 of, and paragraph 2(6) of Schedule 7 to, the Criminal Justice Act 2003(2):
1957 c. 53; by virtue of section 378(1) of, and paragraph 33 of Schedule 16 to, the Armed Forces Act 2006 (2006 c.52) rules under section 58 of the Act may make provision for orders and rulings by a judge advocate at which an accused is arraigned; section 118(3A) of the Act, as amended by the Armed Forces (Alignment of Service Discipline Acts) Order 2007/1859, allows rules under section 58 of the Act to make provision for persons other than naval officers or naval warrant officers to be appointed to courts-martial.
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 its subsection (7), the definition of “rules of court” includes 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 court-martial and “court-martial” includes a court-martial convened under the Naval Discipline Act 1957.
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