http://www.legislation.gov.uk/id/ukpga/1988/33

http://www.legislation.gov.uk/ukpga/1988/33/schedule/13/2009-03-28

Criminal Justice Act 1988

An Act to make fresh provision for extradition; to amend the rules of evidence in criminal proceedings; to provide for the reference by the Attorney General of certain questions relating to sentencing to the Court of Appeal; to amend the law with regard to the jurisdiction and powers of criminal courts, the collection, enforcement and remission of fines imposed by coroners, juries, supervision orders, the detention of children and young persons, probation and the probation service, criminal appeals, anonymity in cases of rape and similar cases, orders under sections 4 and 11 of the Contempt of Court Act 1981 relating to trials on indictment, orders restricting the access of the public to the whole or any part of a trial on indictment or to any proceedings ancillary to such a trial and orders restricting the publication of any report of the whole or any part of a trial on indictment or any such ancillary proceedings, the alteration of names of petty sessions areas, officers of inner London magistrates’ courts and the costs and expenses of prosecution witnesses and certain other persons; to make fresh provision for the payment of compensation by the Criminal Injuries Compensation Board; to make provision for the payment of compensation for a miscarriage of justice which has resulted in a wrongful conviction; to create an offence of torture and an offence of having an article with a blade or point in a public place; to create further offences relating to weapons; to create a summary offence of possession of an indecent photograph of a child; to amend the Police and Criminal Evidence Act 1984 in relation to searches, computer data about fingerprints and bail for persons in customs detention; to make provision in relation to the taking of body samples by the police in Northern Ireland; to amend the Bail Act 1976; to give a justice of the peace power to authorise entry and search of premises for offensive weapons; to provide for the enforcement of the Video Recordings Act 1984 by officers of a weights and measures authority and in Northern Ireland by officers of the Department of Economic Development; to extend to the purchase of easements and other rights over land the power to purchase land conferred on the Secretary of State by section 36 of the Prison Act 1952; and for connected purposes.

1988-07-29

text

text/xml

Statute Law Database

2024-05-17

2009-03-28

Criminal Justice Act 1988

s. 36(2)(b)(v) and word

Offensive Weapons Act 2019

s. 13(3)(b)

s. 70(1)

Criminal Justice Act 1988

s. 139AZA(1)(a)(iii) and word

Offensive Weapons Act 2019

s. 13(4)(b)

s. 70(1)

Criminal Justice Act 1988

s. 36(3A)

(3B)

Criminal Justice and Immigration Act 2008

s. 46(2)

s. 153(7)

Criminal Justice Act 1988

s. 41(4A)

Domestic Violence, Crime and Victims Act 2004

Sch. 10

para. 28

s. 60

SCHEDULES

SCHEDULE 13 Evidence Before F15service courts.

Section 146.

Annotations:

Amendments (Textual)

F15

Sch. 13: words in title substituted (28.3.2009 for certain purposes and 31.10.2009 insofar as not already in force) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 115(2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Interpretation

C11

In this Schedule—

“procedural instruments” means—

F1a

Court Martial rules within the meaning of the Armed Forces Act 2006;

b

SCC rules within the meaning of that Act; and

c

rules under section 49 of the Court Martial Appeals Act 1968;

“Service courts” means—

F2a

the Court Martial;

b

the Service Civilian Court; and

c

the Court Martial Appeal Court.

First-hand hearsay

C22

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Documentary evidence

C33

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C44

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C55

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Letters of request etc.

C66

1

F7No application shall be made under F8section 7 of the Crime (International Co-operation) Act 2003 in relation to any offence which is or is to be the subject of proceedings before a Service court, but the Secretary of State may by order make provision as to F9requests for assistance in obtaining outside the United Kingdom evidence for such proceedings.

2

An order under this paragraph may make different provision for different classes of case.

3

The power to make an order under this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient in relation to F10requests for assistance in obtaining evidence for proceedings before a Service court.

Form of evidence and glossaries

7

~~F18For the purpose of helping members—~~

a

~~of courts-martial constituted under the~~ ~~M1Army Act 1955 or the~~ ~~M2Air Force Act 1955; or~~

b

~~of courts-martial constituted under the~~ ~~M3Naval Discipline Act 1957~~ ~~F16. . .,~~

~~to understand complicated issues of fact or technical terms~~ ~~F17rules~~ ~~under section 103 of either of the first two of those Acts and~~ ~~F17rules~~ ~~under section 58 of the Naval Discipline Act 1957 may make provision—~~

i

~~as to the furnishing of evidence in any form, notwithstanding the existence of admissible material from which the evidence to be given in that form would be derived; and~~

ii

~~as to the furnishing of glossaries for such purposes as may be specified;~~

~~in any case where the court gives leave for, or requires, evidence or a glossary to be so furnished.~~

Use of television links

8

1

The Secretary of State may by order direct that section 32(1) to (3) above shall have effect in relation—

a

to proceedings before Service courts; or

b

to proceedings or proceedings of specified descriptions before Service courts in specified places.

2

If an order is made under this paragraph—

a

subsection (1) of section 32 above shall have effect in relation to any court to which the order applies with the substitution of the following paragraph for paragraph (a)—

a
the witness is not in the country where the court is sitting; or

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

An order under this paragraph may provide that section 32(1), F12. . . or (3) above shall have effect in relation to any court to which the order applies subject to such modifications as may be specified in the order, in addition to the modifications for which sub-paragraph (2) above provides.

4

The power to make an order conferred by this paragraph shall be exercisable by statutory instrument and a statutory instrument containing any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32(1) to (3) above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

6

In this paragraph “modifications” includes additions, omissions and amendments.

F13 Video recordings of evidence

Annotations:

Amendments (Textual)

F13

Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.

F199

F201

~~The Secretary of State may by order direct that section 32A above shall have effect in relation—~~

a

~~to proceedings before Service courts; or~~

b

~~to proceedings, or proceedings of specified descriptions, before Service courts in specified places,~~

~~subject to such modifications as may be specified in the order.~~

2

3

Without prejudice to the generality of any enactment conferring power to make procedural instruments, procedural instruments may make such provision as appears to the authority making them to be necessary or expedient for the purposes of section 32A above in their application to proceedings such as are mentioned in sub-paragraph (1) above by virtue of an order under that sub-paragraph.

4

~~In this paragraph “modifications” includes additions, omissions and amendments.~~

F14Cross -examination of children

Annotations:

Amendments (Textual)

F14

Sch. 13 paras. 9, 10 added (1.10.1996) by 1996 c. 46, s.7; S.I. 1996/2474, art.2.

F2110

F221

~~The Secretary of State may by order direct that section 34A above shall have effect in relation—~~

a

~~to proceedings before Service courts; or~~

b

~~to proceedings or proceedings of specified descriptions before Service courts in specified places,~~

~~subject to such modifications as may be specified in the order.~~

2

3

~~In this paragraph “modifications” includes additions, omissions and amendments.~~