Armed Forces Act 2006 (c. 52)

SCHEDULES

Section 278

SCHEDULE 10 U.K. Proceedings of the Service Civilian Court

Court to sit in public U.K.

1 U.K. Subject to any provision made by SCC rules, the Service Civilian Court must sit in open court.

Commencement Information

I1 Sch. 10 para. 1 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 Sch. 10 para. 1 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Unfitness to stand trial and insanity U.K.

2 U.K. Where on a trial of a charge by the Service Civilian Court any question arises (whether at the instance of the defence or otherwise)—

(a) whether the defendant is fit to stand trial, or

(b) where it appears that the defendant did the act or made the omission charged against him as the offence, whether he was insane at the time of the act or omission,

the court must refer the charge to the Court Martial for trial by that court.

Commencement Information

I3 Sch. 10 para. 2 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I4 Sch. 10 para. 2 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4

Privilege of witnesses and others U.K.

3 U.K. A witness before the Service Civilian Court or any other person whose duty it is to attend the court is entitled to the same immunities and privileges as a witness before a magistrates' court in England or Wales.

Commencement Information

I5 Sch. 10 para. 3 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I6 Sch. 10 para. 3 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4