The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009

Modification of reporting restrictions provisions

13.—(1) Chapter 4 of Part 2 (and sections 63 and 65 so far as having effect for the purposes of that Chapter) of the Act are modified as follows.

(2) Any reference to criminal proceedings is to be read as a reference to proceedings before the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(3) Any reference to Criminal Procedure Rules is to be read as a reference to Rules of court.

(4) In relation to proceedings before the Court Martial or the Service Civilian Court—

(a) section 45(3) to (6), (9) and (10)(b) of the Act,

(b) section 46(1) to (5) and (8) to (11) of the Act,

(c) section 47(2)(b)(ii) and (3) to (5) of the Act, and

(d) section 52(1) of the Act,

have effect as if for the word “court” wherever it appears there were substituted “judge advocate”.

(5) Section 46(4)(d)(iii) and section 47(4)(a) and (5)(a) of the Act have effect as if for the word “accused” wherever it appears there were substituted—

(a) in relation to—

(i) trial proceedings within the meaning of Court Martial Rules, or

(ii) trial proceedings within the meaning of SCC Rules,

“defendant”;

(b)

in relation to appellate proceedings within the meaning of Court Martial Rules, “appellant”;

(c)

in relation to proceedings before the Court Martial Appeal Court, “person charged with an offence to which the proceedings relate (whether or not he has been convicted)”.

(6) Section 47(2)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the word “its” there was substituted “his”.

(7) Section 63(2) of the Act has effect as if for the word “court” there was substituted—

(a) in relation to proceedings before the Court Martial or the Service Civilian Court, “judge advocate”; or

(b) in relation to proceedings before the Court Martial Appeal Court, “Court Martial Appeal Court”.

(8) Section 65(3) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the word “court” there was substituted “judge advocate”.