The Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006

• Citation: S.I. 2006/2886
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006 and shall come into force on 6th December 2006.

(2) In this Order––

“ the Act ” means the Youth Justice and Criminal Evidence Act 1999;

“continuing proceedings” means proceedings instituted before the date on which this Order comes into force;

“existing special measures power” means any existing power of the judge advocate to make an order or give leave for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction;

“judge advocate” has the same meaning as in section 84B of the Army Act 1955 ;

“special measures direction” means a direction under section 19 of the Act.

(3) For the purposes of this Order, proceedings before a court-martial are to be taken to be instituted when the prosecuting authority referred to in subsection (4) of section 83B of the Army Act 1955 , section 83B of the Air Force Act 1955 or section 52I of the Naval Discipline Act 1957 (as the case may be) prefers a charge under that subsection.

Section 2 Application of the Act

(1) The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to the proceedings to which this Order applies, subject to the modifications specified in column 2 of that Schedule.

(2) The provisions of the Act which are specified in column 1 of Schedule 2 to this Order (in so far as they are in force) shall have effect for the purpose of proceedings to which this Order applies subject to the modifications specified in column 2 of that Schedule.

(3) This Order applies to any proceedings before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.

Section 3 Transitional provisions

(1) A special measures direction may be given in relation to a witness in continuing proceedings unless the judge advocate has before the date this Order comes into force—

(a) given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the Criminal Justice Act 1988 ; or

(b) exercised any existing special measures power in relation to the witness in connection with those proceedings.

(2) Nothing in—

(a) Chapter 2,

(b) Chapter 3, and

(c) Chapter 5,

of Part 2 of the Act applies in relation to continuing proceedings.