The Court Martial Appeal Court (Evidence) Order 2009

Application and modification of sections 63 and 65 of the 1999 Act

5.—(1) Sections 63 and 65 of the 1999 Act, so far as having effect for the purposes of Chapter 1A of Part 2 of that Act, shall apply in relation to proceedings before the Court Martial Appeal Court, subject to the modifications specified in paragraphs (2) to (3).

(2) Section 63(1) of the 1999 Act has effect as if—

(a) for the definition of “court” there were substituted ““court” means the Court Martial Appeal Court;”;

(b) for the definition of “legal representative” there were substituted ““legal representative” means a person appointed as a legal representative under rules under section 49 of the Court Martial Appeals Act 1968;”(1); and

(c) in the definition of “witness” the reference to criminal proceedings were a reference to proceedings before the Court Martial Appeal Court.

(3) Section 65(1) of the 1999 Act has effect as if for the words “Criminal Procedure Rules” there were substituted “Rules under section 49 of the Court Martial Appeals Act 1968”.

(1)

1968 c. 20; with effect on 31st October 2009 the Courts-Martial (Appeals) Act 1968 is renamed the Court Martial Appeals Act 1968 by paragraph 53 of Schedule 8 to the Armed Forces Act 2006.