Explanatory note

These Rules make amendments to the Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 1999/2083) (“the 1999 Order”), the Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) (“the Court Martial rules”) and the Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) (“the Service Civilian Court rules”). These amendments relate to the provision of special measures for vulnerable and intimidated witnesses in proceedings in the service courts.

The amendments made by these Rules to the 1999 Order are to Articles 3 and 4 of that Order, which applies provisions of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (“the 1999 Act”) on the use of special measures in civilian criminal proceedings to the service courts, allowing these special measures to be used in proceedings in the service courts. The amendments firstly apply section 22A of the 1999 Act to proceedings in the Court Martial Appeal Court, which provides rules on the use of video recorded evidence in chief in proceedings relating to sexual offences. The amendments also apply section 28 of the 1999 Act to proceedings in the Court Martial Appeal Court and section 28(1) to proceedings in the Court Martial and Service Civilian Court, allowing the use of video recorded cross-examination or re-examination as a special measure in these courts.

The amendments made by these Rules to the Court Martial rules and Service Civilian Court rules firstly insert new rules 93A to 93B in the Court Martial rules and 78A to 78B in the Service Civilian Court rules, which are based on section 21, 22 of the 1999 Act on the use of video recorded evidence in chief for child witnesses. A new rule 93C is inserted in the Court Martial rules, which is based on section 22A of the 1999 Act on the use of video recorded evidence in chief in proceedings for sexual offences. The amendments also insert a new rule 95 in the Court Martial rules and 80A in the Service Civilian Court rules, which are based on section 28(2) to (7) of the 1999 Act, to supplement section 28(1) of that Act, which will apply in the Court Martial and Service Civilian Court under the amendment made by these Rules to the 1999 Order.

Finally, these Rules make amendments relating to eligibility for special measures of witnesses in proceedings for offences relating to domestic abuse and allowing for such witnesses to give evidence in private to mirror changes made to equivalent provisions in the 1999 Act by section 62 of the Domestic Abuse Act 2021 (c. 17).

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.