1997 No. 16
The Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 1997
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by section 39(1) of the Criminal Justice and Public Order Act 19941, hereby makes the following Order:—
Citation, commencement and interpretation1
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Application to the Armed Forces) Order 1997 and shall come into force on 1st February 1997.
2
In this Order “the Act” means the Criminal Justice and Public Order Act 1994.
Application of the Act2
1
The provisions of the Act which are specified in column 1 of the Schedule 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
This Order applies—
a
to proceedings whereby a charge is summarily tried under Part II of the Naval Discipline Act 19572;
b
to proceedings before a court-martial constituted under the Army Act 19553;
c
to proceedings before a court-martial constituted under the Air Force Act 19554;
d
to proceedings before a court-martial constituted under the Naval Discipline Act 1957;
e
to proceedings before a disciplinary court constituted under the Naval Discipline Act 1957;
f
to proceedings before the Courts-Martial Appeal Court;
g
to proceedings before a Standing Civilian Court;
and it applies wherever the proceedings take place.
SCHEDULEAPPLICATION AND MODIFICATION OF THE ACT
Column 1 | Column 2 |
---|---|
Provisions applied | Modifications |
In section 34— | |
subsection (1) |
|
subsection (2), except paragraphs (a) and (b) | in paragraph (d), the omission of the words “or jury”; |
subsections (3) and (5) | |
subsection (6) | for the words “the commencement of this section” there shall be substituted the words “the coming into force of the 1997 Order”. |
In section 35— | |
subsection (1) | for the words “legal representative” there shall be substituted the word “representative”; |
subsection (2) | the omission of the words “( in the case of proceedings on indictment, in the presence of the jury)” and of the words “or jury”; |
subsection (3) | the omission of the words “or jury”; |
subsections (4), (5) and (6) | |
subsection (7) | for the words following the word “applies” there shall be substituted the words “only if the time when the court begins to receive evidence in the proceedings falls after the coming into force of the 1997 Order”. |
In section 36— | |
subsection (1) | for the word “constable” wherever it occurs there shall be substituted the words “service policeman”; |
subsection (2), except paragraphs (a) and (b) | in paragraph (d), the words “or jury” shall be omitted; |
subsection (3) | |
subsection (4) | for the word “constable” there shall be substituted the words “service policeman”; |
subsection (6) | |
subsection (7) | for the words “the commencement of this section” there shall be substituted the words “the coming into force of the 1997 Order”. |
In section 37— | |
subsection (1) | for the word “constable” wherever it occurs there shall be substituted the words “service policeman”; |
subsection (2), except paragraphs (a) and (b) | in paragraph (d), the words “or jury” shall be omitted; |
subsection (3) | for the word “constable” there shall be substituted the words “service policeman”; |
subsection (5) | |
subsection (6) | for the words “the commencement of this section” there shall be substituted the words “the coming into force of the 1997 Order”. |
In section 38— | |
subsection (1) |
|
subsection (2) | |
subsection (3) | the omission of the words “have the proceedings against him transferred to the Crown Court for trial,”; |
subsections (5) and (6). |
(This note is not part of the Order)