Explanatory note

This Order is made under section 78 of the Criminal Procedure and Investigations Act 1996 (“1996 Act”), as amended by the Armed Forces Act 2006 (“the 2006 Act”) so as to apply to the new structure of service courts set up by the 2006 Act.

The Order makes provision with respect to proceedings before the Court Martial and the Service Civilian Court and appeals to the Summary Appeal Court. The provisions are equivalent (with modifications) to provisions of Part 1 of the 1996 Act, which imposes duties of disclosure on the prosecution and accused.

The modifications provided for in the order are to adjust the working of the provisions of the 1996 Act to the circumstances of, and legislation governing, proceedings before service courts.

Regulation 3 of the Order revokes the previous order which was made under the 1996 Act by reference to the system of service courts under legislation which is repealed by the 2006 Act.