SCHEDULES

Section 135

SCHEDULE 7E+WHearsay evidence: armed forces

Application to proceedings before service courtsE+W

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.

2(1)In their application to such proceedings those sections have effect with the following modifications.E+W

[F1(2)In section 116(2) for paragraph (c) substitute—

“(c)that either of the following applies—

(i)the court is sitting neither in the United Kingdom nor in a British overseas territory and it is not reasonably practicable to secure the attendance of the relevant person; or

(ii)the court is sitting in the United Kingdom or a British overseas territory but the relevant person is outside the United Kingdom or outside that territory (as the case may be) and it is not reasonably practicable to secure his attendance.”]

(3)In section 117 insert after subsection (7)—

“(8)In subsection (4) [F2the reference to criminal proceedings includes proceedings before an officer in respect of a service offence within the meaning of the Armed Forces Act 2006.”]

(4)In section 123(4) for paragraph (a) substitute—

“(a)in the case of proceedings before [F3the 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;”.

[F4(5)In section 127—

(a)in subsection (1)(c)—

(i)for “the appropriate rules” substitute rules made under the Armed Forces Act 2006 or the Court Martial Appeals Act 1968;

(ii)for “section 9 of the Criminal Justice Act 1967 (c. 80)” substitute such rules;

(b)omit subsection (7).]

[F5(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.

[F6to proceedings before an officer, the Court Martial or the Service Civilian Court in respect of a service offence within the meaning of the Armed Forces Act 2006.”]

3(1)Section 122 has effect in relation to proceedings before [F7the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications.E+W

(2)In subsection (1) for “ [F8a judge and jury]” substitute “ [F9the 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 ”.

4(1)Section 125 has effect in relation to proceedings before [F10the Court Martial](whether in the United Kingdom or elsewhere) with the following modifications.E+W

(2)In subsection (1)—

(a)for “ [F11a judge and jury]” substitute “ [F12the 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, the [F13discharge] 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, [F14section 167 of the Armed Forces Act 2006] 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, [F15discharge] 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 [F16discharge] a court.”

AmendmentsE+W

5E+WF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6E+WF18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7E+WF19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

InterpretationE+W

[F208E+WIn this Schedule, and in any provision of this Part as applied by this Schedule, “service court” means—

(a)the Court Martial;

(b)the Summary Appeal Court;

(c)the Service Civilian Court; or

(d)the Court Martial Appeal Court.]