238(1)Section 8 of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure: courts-martial) is amended as follows.U.K.
(2)In the sidenote for “courts-martial” substitute “ the Court Martial ”.
(3)In subsection (1) for “courts-martial” substitute “ the Court Martial ”.
(4)For subsection (2) substitute—
“(2)A reference to an offence—
(a)of murder,
(b)of manslaughter, or
(c)under section 5,
is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.”
Commencement Information
I1Sch. 16 para. 238 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)
I2Sch. 16 para. 238 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
239U.K.In section 45(1) of that Act (interpretation of sections 35 to 44), in the definition of “court”, for “a court-martial or the Courts-Martial Appeal Court” substitute “ the Court Martial or the Court Martial Appeal Court ”.
Commencement Information
I3Sch. 16 para. 239 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)
I4Sch. 16 para. 239 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4
240U.K.For section 62(4) of that Act (extent) substitute—
“(4)Nothing in subsection (1) affects the extent of section 8 or of any provision of section 6 as applied by section 8.”
Commencement Information
I5Sch. 16 para. 240 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)
I6Sch. 16 para. 240 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4