The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009

Citation, commencement, and interpretation

1.—(1) This Order may be cited as the Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2009 and shall come into force on 31st October 2009.

(2) In this Order—

(a) references to the accused are to the person mentioned in article 2(a) or (b);

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

(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—

“1996 Act” means the Criminal Procedure and Investigations Act 1996;

“2006 Act” means the Armed Forces Act 2006(1);

“appeal” means an appeal referred to in article 2(b);

“civilian subject to service discipline” has the same meaning as in the 2006 Act;

“court administration officer” means the court administration officer for the Court Martial, the Service Civilian Court and the Summary Appeal Court appointed under section 363 of the 2006 Act;

“Director” means the Director of Service Prosecutions appointed under section 364 of the 2006 Act;

“judge advocate” has the same meaning as in the 2006 Act;

“legal representative” means—

(a)

a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(2),

(b)

an advocate or solicitor in Scotland,

(c)

a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland, or

(d)

a person who 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,

and in this definition the reference to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005(3) comes in to force;

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

(a)

information; and

(b)

objects of all descriptions;

“prosecution” includes the respondent to an appeal under section 141 of the 2006 Act;

“relevant period” means the period provided for by article 8, apart from the reference in that article to articles 9, 10 and 11;

“service court” means the Summary Appeal Court, the Service Civilian Court, the Court Martial or the Court Martial Appeal Court; and

“subject to service law” has the same meaning as in the 2006 Act.

(1)

2006 c. 52.

(2)

1990 c. 41. Subsection (6) of section 71 of the Courts and Legal Services Act 1990 was substituted by the Access to Justice Act (c.22), section 43, Schedule 6, paragraphs 4 and 9. Subsections (7) and (8) of section 71 of the 1990 Act were repealed by section 106, Schedule 15, Part 2 of the 1990 Act. Prospective amendments to section 71 of the 1990 Act are made to subsections(1) and (3) by the Constitutional Reform Act 2005 (c. 4), section 59(5), Schedule 11, Part 2, paragraph 4(1), (3). Prospective amendments are made to subsections (4) and (6) and a new subsection (6A) is inserted into section 71 of the 1990 Act by the Legal Services Act 2007 (c.29.), section 208(1), Schedule 21, paragraphs 83 and 94(a), (b) and (c).

(3)

2005 c. 4.