Criminal Justice Act 2003

Application to proceedings before service courts E+W

1 E+W Sections 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

I1 Sch. 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

F1 Sch. 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

I2 Sch. 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

I3 Sch. 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

I4 Sch. 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)