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

• Citation: S.I. 2006/2887
• 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 the Courts-Martial Appeal Court) 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” has the meaning given in paragraph 1 of Schedule 7 to the Act;

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

(3) For the purposes of this Order, proceedings on appeal are to be taken to be instituted when the application for leave to appeal is lodged in accordance with section 9 of the Courts-Martial (Appeals) Act 1968 or (as the case may be) the reference under section 34 of that Act is made.

Section 2 Application of the Act

The provisions of the Act which are specified in column 1 of the Schedule to this Order shall apply to proceedings before the Courts-Martial Appeal Court, subject to the modifications specified in column 2 of the Schedule.

Section 3 Transitional provisions

(1) A special measures direction may be given in relation to a witness in continuing proceedings unless the court 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.