1. This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 and shall come into force on 15th November 2015.
2. In this Order the “2009 Order” means the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009(1).
3.—(1) Article 2 (interpretation) of the 2009 Order is amended as follows.
(2) In paragraph (1), after the definition of “CMAC Rules”, insert –
““SAC Rules” means rules made under section 151 of the 2006 Act;”.
(3) In the definition of “Rules of court” –
(a)at the end of sub-paragraph (b), delete “and”;
(b)at the end of sub-paragraph (c), insert –
“and
the Summary Appeal Court;”.
(4) At the end of paragraph (2)(c) –
(a)substitute a semi-colon for the full stop;
(b)after that semi-colon, insert –
“(d)in relation to proceedings before the Summary Appeal Court, as a reference to a special measures direction within the meaning of the SAC Rules.”.
4.—(1) Article 3 (application of special measures provisions) of the 2009 Order is amended as folows.
(2) At the end of paragraph (2)(b), delete “and”.
(3) At the end of paragraph (2)(c), insert –
“and
the Summary Appeal Court,”.
5.—(1) Article 4 (modification of special measures provisions) of the 2009 Order is amended as follows.
(2) In paragraph (2), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(3) At the end of paragraph (5)(c) –
(a)substitute a semi-colon for the full stop;
(b)after that semi-colon, insert –
“(d)in relation to proceedings within the meaning of the SAC Rules, as a reference to the appellant.”.
(4) In paragraph (6), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(5) In paragraph (11)(a), after “Court Martial” insert “or the Summary Appeal Court”.
(6) In paragraph (12), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(7) In paragraph (13), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(8) In paragraph (16), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
6.—(1) Article 5 (application of protection of witnesses from cross-examination provisions) of the 2009 Order is amended as follows.
(2) After paragraph (1), insert –
“(1A) The protection of witnesses from cross-examination provisions in paragraph (3)(b) to (e) shall apply in relation to proceedings before the Summary Appeal Court as they apply in relation to criminal proceedings, subject to the modifications specified in article 6.”.
7.—(1) Article 6 (modification of protection of witnesses from cross-examination provisions) of the 2009 Order is amended as follows.
(2) In paragraph (2), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(3) In paragraph (3), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(4) At the end of paragraph (4)(c) –
(a)substitute a semi-colon for the full stop;
(b)after that semi-colon, insert –
“(d)in relation to proceedings before the Summary Appeal Court, as a reference to the appellant.”.
(5) In paragraph (6), after “Court Martial Rules”, insert “or the SAC Rules”.
(6) In paragraph (8), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(7) In paragraph (9), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(8) In paragraph (10)(a), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(9) In paragraph (10)(b), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(10) In paragraph (11), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
8.—(1) Article 9 (application of competence of witnesses and capacity to be sworn provisions) of the 2009 Order is amended as follows.
(2) At the end of paragraph (1)(b), delete “and”.
(3) At the end of paragraph (1)(c), insert –
“and
the Summary Appeal Court,”.
(4) At the end of paragraph (2)(a), delete “and”.
(5) At the end of paragraph (2)(b), insert –
“and
the Summary Appeal Court,”.
(6) In paragraph (3), after “Court Martial”, insert “or the Summary Appeal Court”.
9.—(1) Article 10 (modification of competence of witness and capacity to be sworn provisions) of the 2009 Order is amended as follows.
(2) In paragraph (2), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(3) In paragraph 3(a), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(4) In paragraph (4), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(5) In paragraph (5), after “Court Martial”, insert “or the Summary Appeal Court”.
(6) In paragraph (6), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(7) In paragraph (7), after “Court Martial”, insert “or the Summary Appeal Court”.
(8) In paragraph (8), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
10.—(1) Article 11 (application of general and final provisions) of the 2009 Order is amended as follows.
(2) At the end of paragraph (1)(b), delete “and”.
(3) At the end of paragraph (1)(c), insert –
“and
the Summary Appeal Court,”.
11.—(1) Article 12 (modification of general and final provisions) of the 2009 Order is amended as follows.
(2) In paragraph (2), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(3) In paragraph (5)(b), for “or the CMAC Rules”, substitute “, the CMAC Rules or the SAC Rules”.
(4) In paragraph (6)(a), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(5) In paragraph (7), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
12.—(1) Article 13 (modification of reporting restrictions provisions) of the 2009 Order is amended as follows.
(2) In paragraph (2), for “or the Court Martial Appeal Court”, substitute “, the Court Martial Appeal Court or the Summary Appeal Court”.
(3) In paragraph (4), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(4) At the end of paragraph (5)(c) –
(a)substitute a semi-colon for the full stop;
(b)after that semi-colon, insert –
“(d)in relation to proceedings before the Summary Appeal Court, “appellant”.”.
(5) In paragraph (6), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(6) In paragraph (7)(a), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
(7) In paragraph (8), for “or the Service Civilian Court”, substitute “, the Service Civilian Court or the Summary Appeal Court”.
Mark Lancaster
Parliamentary Under Secretary of State
Ministry of Defence
19th October 2015