Search Legislation

The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement, and interpretation

This section has no associated Explanatory Memorandum

1.—(1) This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008 and shall come into force on 1st April 2008.

(2) In this Order references to the accused are to the person mentioned in article 2(a).

(3) Where there are more than one accused in any proceedings this Order applies separately in relation to each of the accused.

(4) In this Order—

(a)“civilian court” means a court of ordinary criminal jurisdiction;

(b)“court administration officer” means—

(i)where the accused is to be tried by court-martial under the Army Act 1955(1), the person appointed under section 84A of that Act;

(ii)where the accused is to be tried by court-martial under the Air Force Act 1955(2), the person appointed under section 84A of that Act;

(iii)where the accused is to be tried by court-martial under the Naval Discipline Act 1957(3), the person appointed under section 53A of that Act; or

(iv)where the accused is to be tried by a Standing Civilian Court, the court administration officer referred to in paragraph 1 of Schedule 3 to the Armed Forces Act 1976(4).

(c)“judicial officer”—

(i)where the accused is to be tried by court-martial under the Army Act 1955, means a judicial officer appointed under section 75L of that Act;

(ii)where the accused is to be tried by court-martial under the Air Force Act 1955, means a judicial officer appointed under section 75L of that Act;

(iii)where the accused is to be tried by court-martial under the Naval Discipline Act 1957, means a judicial officer appointed under section 47M of that Act;

(iv)where the accused is to be tried by a Standing Civilian Court, means a person appointed to sit as a magistrate under section 6(4) of the Armed Forces Act 1976;

(v)during the trial of the accused before a court-martial, means the judge advocate appointed under section 84B(1) of the Army Act 1955, section 84B(1) of the Air Force Act 1955 or section 53B(1) of the Naval Discipline Act 1957 (as the case may be);

(vi)during the trial of the accused before a Standing Civilian Court, means the person referred to in subparagraph (iv) before whom the trial is proceeding;

(vii)in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Army Act 1955, means a judicial officer appointed under section 75L of that Act;

(viii)in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Air Force Act 1955, means a judicial officer appointed under section 75L of that Act;

(ix)in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Naval Discipline Act 1957, means a judicial officer appointed under section 47M of that Act;

(x)in relation to an application under article 18(4), where the accused has been acquitted or convicted, or the prosecutor has decided not to proceed with a case, and (in either case) the charge against the accused was under the Standing Civilian Courts Order 1997(5), means a person appointed to sit as a magistrate under section 6(4) of the Armed Forces Act 1976; and

(xi)in article 19 means the judge advocate of the court-martial, or the magistrate of the Standing Civilian Court, referred to in article 19(5);

(d)“legal representative” means in relation to an accused, a person appointed by him as his representative, who—

(i)has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;

(ii)is an advocate or solicitor in Scotland;

(iii)is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or

(iv)has in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.

(e)“material” means material of all kinds, and in particular includes—

(i)information, and

(ii)objects of all descriptions;

(f)“prosecutor” means—

(i)where the accused is charged with an offence under the Army Act 1955, the prosecuting authority under section 83A of that Act;

(ii)where the accused is charged with an offence under the Air Force Act 1955, the prosecuting authority under section 83A of that Act;

(iii)where the accused is charged with an offence under the Naval Discipline Act 1957, the prosecuting authority under section 52H of that Act;

(g)“relevant period” means the period provided for by article 7, apart from the reference in that article to articles 8, 9 and 10;

(h)“service court” means a court-martial under any of the Service Discipline Acts, a Standing Civilian Court or the Courts-Martial Appeal Court;

(i)“Service Discipline Acts” means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957;

(j)“the 1996 Act” means the Criminal Procedure and Investigations Act 1996; and

(k)references to recording information are references to putting it in a durable or retrievable form (such as writing or tape)

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

Opening Options

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

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

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 enacted version 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 made 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