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

Modification of protection of complainants in proceedings for sexual offences provisions

8.—(1) In their application by virtue of article 7, the protection of complainants in proceedings for sexual offences provisions are modified as follows.

(2) Any reference to the court is to be read, in relation to proceedings before the Court Martial or the Service Civilian Court, as a reference to the judge advocate.

(3) Any reference to the accused is to be read—

(a) in relation to—

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

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

as a reference to the defendant;

(b) in relation to appellate proceedings within the meaning of Court Martial Rules, as a reference to the appellant;

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

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

(5) Section 41(2) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court, as if for the words “it is satisfied” there were substituted “he is satisfied”.

(6) Section 41(2)(b) of the Act has effect as if the words “the jury or (as the case may be)” were omitted.

(7) Section 42(3) of the Act has effect as if paragraphs (a), (b) and (c) were omitted.

(8) Section 42(3) of the Act has effect, in relation to proceedings before the Service Civilian Court, as if—

(a) the word “and” at the end of paragraph (d), and

(b) paragraph (e),

were omitted.

(9) Section 43(2) of the Act has effect, in relation to proceedings before—

(a) the Court Martial, as if for the words “the court must state in open court (but in the absence of the jury, if there is one)” there were substituted “the judge advocate must state in open court (but in the absence of any lay members)”;

(b) the Service Civilian Court or the Court Martial Appeal Court, as if the words “(but in the absence of the jury, if there is one)” were omitted;

(c) the Court Martial or the Service Civilian Court, as if for the word “its” in paragraph (a) there was substituted “his” and as if for the word “it” in paragraph (b) there was substituted “he”;

(d) the Service Civilian Court, as if the words “and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings” there were substituted “and the judge advocate must cause those matters to be entered in the record of proceedings”;

(e) the Court Martial or the Court Martial Appeal Court, as if the words “and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings” were omitted.

(10) Section 43(3)(b) of the Act has effect, in relation to proceedings before the Court Martial or the Service Civilian Court as if for the words “it considers would assist it” there were substituted “he considers would assist him”.