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f1

2001 c. 19: by virtue of section 31(3)(c) of the Armed Forces Act 2001, the Secretary of State may, if he thinks fit to do so in consequence of a criminal justice enactment, by order make provision, in relation to service courts, which is equivalent to that made by any subordinate legislation made under the criminal justice enactment, subject to such modifications as he thinks fit.

f2

2003 c. 39: Section 69 of the Courts Act 2003 empowers the Criminal Procedure Rule Committee to make rules governing the practice and procedure to be followed in criminal courts. The Criminal Procedure Rules 2005 (S.I. 2005/384) were made in exercise of this power. Part 66 of the Criminal Procedure Rules 2005 provides for rules governing the practice and procedure to be followed on an appeal to the Court of Appeal against a ruling which is adverse to the prosecution. Those Rules supplement those provisions of Part 9 of the Criminal Justice Act 2003 (“the 2003 Act”) commenced on 4 April 2005 by virtue of S.I. 2005/950. In exercise of the powers conferred upon him by section 31(3)(a) of the Armed Forces Act 2001, the Secretary of State has made provision for courts-martial equivalent to those provisions of Part 9 of the 2003 Act. This Order contains provisions which supplement the 2006 Order by making provision equivalent to Part 66 of the Criminal Procedure Rules in relation to service courts where the prosecution appeals against a ruling of a judge advocate.