- Latest available (Revised)
- Point in Time (14/07/2008)
- Original (As enacted)
Version Superseded: 28/03/2009
Point in time view as at 14/07/2008.
Criminal Justice Act 2003, Cross Heading: Application to proceedings before service courts is up to date with all changes known to be in force on or before 08 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
1E+WSections 114 to 121, 123, 124, 126, 127 to 129 and 133 and 134, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.
Commencement Information
I1Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)
2(1)In their application to such proceedings those sections have effect with the following modifications.
(2)In section 116(2)(c) for “United Kingdom” substitute “ country where the court is sitting ”.
(3)In section 117 insert after subsection (7)—
“(8)In subsection (4) “criminal proceedings” includes summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957; and the definition of “criminal proceedings” in section 134(1) has effect accordingly.”
(4)In section 123(4) for paragraph (a) substitute—
“(a)in the case of proceedings before a court-martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court;”.
(5)In section 127, for subsection (7) substitute—
“(7)The appropriate rules are those regulating the practice and procedure of service courts.”
[F1(6)Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.]
(7)In section 134 insert after subsection (1)—
“(1A)In this Part “criminal investigation” includes any investigation which may lead—
(a)to proceedings before a court-martial or Standing Civilian Court, or
(b)to summary proceedings under section 76B of the Army Act 1955, section 76B of the Air Force Act 1955 or section 52D of the Naval Discipline Act 1957.”
Textual Amendments
F1Sch. 7 para. 2(6) substituted (1.9.2004) by The Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035), art. 3, Sch. para. 53 (with art. 2(2))
Commencement Information
I2Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)
3(1)Section 122 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.
(2)In subsection (1) for “judge and jury” substitute “ court-martial ”.
(3)In subsection (2)—
(a)for “jury when they retire to consider their” substitute “ court when it retires to consider its ”.
(b)for “the court” in paragraph (a) substitute “ the judge advocate ”;
(c)for “the jury” in paragraph (b) substitute “ the court ”.
Commencement Information
I3Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)
4(1)Section 125 has effect in relation to proceedings before courts-martial (whether in the United Kingdom or elsewhere) with the following modifications.
(2)In subsection (1)—
(a)for “judge and jury” substitute “ court-martial ”;
(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c)for the words after paragraph (b) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, dissolve the court.”
(3)In subsection (2)—
(a)for “jury” substitute “ court ”;
(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”.
(4)In subsection (3)—
(a)for paragraph (a) substitute—
“(a)a court is required to determine under section 115B(2) of the Army Act 1955, section 115B(2) of the Air Force Act 1955 or section 62B(2) of the Naval Discipline Act 1957 whether a person charged with an offence did the act or made the omission charged,”;
(b)for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c)for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, dissolve the court. ”
(5)For subsection (4) substitute—
“(4)This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to dissolve a court.”
Commencement Information
I4Sch. 7 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 31 (subject to art. 2(2), Sch. 2)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: