SCHEDULES

SCHEDULE 7Hearsay evidence: armed forces

Application to proceedings before service courts

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1

Section 125 has effect in relation to proceedings before F1the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.

2

In subsection (1)—

a

for “ F2a judge and jury” substitute “ F3the 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 F4discharge 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, F5section 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, F6discharge 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 F7discharge a court.