Section 8 Evidence and procedure: the Court MartialF4
England and Wales
Section 6(1), (2) and (4) has effect in relation to proceedings before F1the Court Martial with the following adaptations.
A reference to an offence—
of murder,
of manslaughter, or
under section 5,
is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.
A reference to the court or jury is to be read as a reference to the court.
Section 6A(1), (3) and (5) has effect in relation to proceedings before the Court Martial with the following adaptations.
A reference to an offence—
listed in section 6A(2), or
under section 5,
is to be read as a reference to an offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is that offence.
A reference to the court or jury is to be read as a reference to the court.
Annotations
Textual amendments
- F1
Words in s. 8(1) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(3); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
- F2
S. 8(2) substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(4); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
- F3
S. 8(4)-(6) inserted (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), s. 4(2), Sch. para. 9; S.I. 2012/1432, art. 2
- F4
Words in s. 8 sidenote substituted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 238(2); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see transitional provisions in S.I. 2009/1059)
Modifications
- C1
S. 8(2) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 54
Notes on Causing or allowing a child or vulnerable adult to die or suffer serious physical harm
Textual amendments
- F1
S. 5 cross-heading substituted (E.W.) (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), ss. 1(7), 4(2) (with s. 1(8)); S.I. 2012/1432, art. 2 and s. 5 cross-heading substituted (N.I.) (29.1.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 96(7), 106(2); S.R. 2015/418, art. 2(b)