The Armed Forces (Court Martial) Rules 2009

Witnesses eligible for assistance on grounds of age or incapacityU.K.

This section has no associated Explanatory Memorandum

90.—(1) A witness is eligible for assistance by virtue of this rule if the witness is under the age of 18 at the time when it falls to the judge advocate to consider whether to give a special measures direction in relation to the witness.

(2) A witness is also eligible for assistance by virtue of this rule if the judge advocate considers that the quality of evidence given by the witness is likely to be diminished because the witness—

(a)suffers from mental disorder within the meaning of the Mental Health Act 1983 M1;

(b)otherwise has a significant impairment of intelligence and social functioning; or

(c)has a physical disability or is suffering from a physical disorder.

Marginal Citations