{
  "url": "https://openlegislation.uk/youth-justice-and-criminal-evidence-act-1999-application-to-courts-martial-order-2006/schedule-1",
  "json_url": "https://openlegislation.uk/youth-justice-and-criminal-evidence-act-1999-application-to-courts-martial-order-2006/schedule-1.json",
  "legislation": "uksi/2006/2886",
  "legislation_title": "The Youth Justice and Criminal Evidence Act 1999 (Application to Courts-Martial) Order 2006",
  "legislation_url": "https://openlegislation.uk/youth-justice-and-criminal-evidence-act-1999-application-to-courts-martial-order-2006",
  "path": "schedule/1",
  "kind": "schedule",
  "number": "1",
  "heading": "Application and Modification of the Act",
  "text": "Column 1\nColumn 2\nProvisions applied\nModifications\nIn section 16—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (b), for the word “court” there shall be substituted the words “judge advocate”.\nsubsection (2)\nsubsections (3) and (4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (5)\nIn section 17—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsections (2)–(4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nIn section 18—\nsubsection (1)\nThe words “but this subsection has effect subject to subsection (2)” shall be omitted.\nIn section 19—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (a), for the word “court” there shall be substituted the words “judge advocate”.\nIn paragraph (b), for the words “court of its” there shall be substituted the words “judge advocate of his”.\nsubsection (2)\nFor the words “court determines that the witness is eligible for assistance by virtue of section 16 or 17, the court” there shall be substituted the words “judge advocate determines that the witness is eligible for assistance by virtue of section 16 or 17, he”.\nIn paragraphs (a) and (b), for the word “its” wherever it appears there shall be substituted the word “his”.\nsubsection (3)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsections (4) and (5)\nsubsection (6)\nFor the word “court” there shall be substituted the words “judge advocate”.\nFor the words “its inherent jurisdiction or otherwise” there shall be substituted the words “any powers as may be provided for in legislation”.\nIn section 20—\nsubsection (1)\nsubsection (2)\nFor the words “The court may discharge or vary (or further vary) a special measures direction if it appears to the court” there shall be substituted the words “The judge advocate may discharge or vary (or further vary) a special measures direction if it appears to him”.\nIn paragraph (b), for the word “its” there shall be substituted the word “his”.\nsubsection (3)\nsubsection (4)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsection (5)\nFor the words “The court must state in open court its” there shall be substituted the words “The judge advocate must state in open court his”.\nThe words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” shall be omitted.\nsubsection (6)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “Rules of court”.\nIn paragraph (a), for the word “court” there shall be substituted the words “judge advocate”.\nIn section 21—\nsubsection (1)\nIn paragraph (a), for the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (b)—\nAfter the words “relate is” there shall be inserted the words “an offence under either section 70 of the Army Act 1955 or of the Air Force Act 1955, or section 42 of the Naval Discipline Act 1957, of which the corresponding civil offence (within the meaning of those Acts) is”.\nsubsection (2)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsections (3) and (4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (5)\nsubsections (6) and (7)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsections (8) and (9)\nIn section 22—\nsubsection (1)\nIn paragraph (a), for the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (b)—\nAfter the words “relate is” there shall be inserted the words “an offence under either section 70 of the Army Act 1955 or of the Air Force Act 1955, or section 42 of the Naval Discipline Act 1957, of which the corresponding civil offence (within the meaning of those Acts) is”.\nsubsection (2)\nIn section 23—\nsubsection (1)\nsubsection (2)\nFor paragraph (a) there shall be substituted the following paragraph:\n“(a) the judge advocate and other members of the court;”.\nsubsection (3)\nIn section 24—\nsubsection (1)\nsubsection (2)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsection (3)\nFor the words “court may give permission for the purposes of subsection (2) if it appears to the court” there shall be substituted the words “judge advocate may give permission for the purposes of subsection (2) if it appears to him”.\nIn paragraph (b), for the word “its” there shall be substituted the word “his”.\nsubsection (4)\nsubsection (8)\nIn section 25—\nsubsections (1) and (2)\nsubsections (3) and (4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (5)\nSection 26\nIn section 27—\nsubsection (1)\nsubsections (2) and (3)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (4)\nFor the words “court may nevertheless” there shall be substituted the words “judge advocate may nevertheless”.\nIn paragraph (a), for the words “the court” there shall be substituted the word “him”.\nIn paragraph (b), for the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.\nIn paragraph (b), for the words “the court” there shall be substituted the words “the judge advocate”.\nsubsection (5)\nIn paragraph (b), for the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (6)\nsubsection (7)\nFor the words “The court” there shall be substituted the words “The judge advocate”.\nFor the words “appears to the court” there shall be substituted the words “appears to him”.\nIn paragraph (b), for the word “its” there shall be substituted the word “his”.\nsubsection (8)\nsubsection (9)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (11)\nIn section 29—\nsubsection (1)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsection (2)\nsubsection (3)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.\nIn paragraph (a), for the words “judge or justices (or both)” there shall be substituted the words “judge advocate”.\nIn paragraph (b), for the words “the jury (if there is one)” there shall be substituted the words “other members of the court”.\nsubsection (4)\nsubsection (5)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.\nsubsection (6)\nIn paragraph (b), for the word “court’s” there shall be substituted the words “judge advocate’s”.\nsubsection (7)\nSection 30\nFor the words “the court” there shall be substituted the words “the judge advocate”.\nIn section 31—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsections (2)–(4)\nsubsection (5)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsections (6)–(8)\nSection 32\nThe words “on a trial on indictment with a jury” shall be omitted.\nFor the word “judge” wherever it appears there shall be substituted the words “judge advocate”.\nFor the word “jury” there shall be substituted the words “other members of the court”.\nIn section 33—\nsubsections (1)–(3)\nsubsection (4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nSection 34\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn section 35—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsection (2)\nsubsection (3)\nFor the words “The offences to which this section applies are—” there shall be substituted the words “This section applies to any offence under either section 70 of the Army Act 1955 or of the Air Force Act 1955, or section 42 of the Naval Discipline Act 1957, of which the corresponding civil offence (within the meaning of those Acts) is—”.\nIn paragraph (a), for the word “any” there shall be substituted the word “an”.\nsubsections (4) and (5)\nIn section 36—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (a), for the word “court” there shall be substituted the words “judge advocate”.\nIn paragraph (b), for the words “court of its” there shall be substituted the words “judge advocate of his”.\nsubsections (2) and (3)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (4)\nIn section 37—\nsubsection (1)\nsubsection (2)\nFor the words “court may discharge a direction if it appears to the court” there shall be substituted the words “judge advocate may discharge a direction if it appears to him”.\nIn paragraph (b), for the word “its” there shall be substituted the word “his”.\nsubsection (3)\nsubsection (4)\nFor the words “The court must state in open court its” there shall be substituted the words “The judge advocate must state in open court his”.\nThe words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” shall be omitted.\nsubsection (5)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.\nIn paragraph (a), for the word “court” there shall be substituted the words “judge advocate”.\nIn section 38—\nsubsection (1)\nsubsection (2)\nFor the words “court that this section applies, it” there shall be substituted the words “judge advocate that this section applies, he”.\nsubsection (3)\nIn paragraph (b), for the words “appears to the court” there shall be substituted the words “appears to the judge advocate”.\nFor the words “court must consider” there shall be substituted the words “judge advocate must consider”.\nsubsection (4)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nThe word “qualified” shall be omitted.\nsubsection (5)\nsubsections (6) and (7)\nFor the words “Criminal Procedure Rules” wherever they appear there shall be substituted the words “Rules of court”.\nsubsection (8)\nIn paragraph (a), the word “and” shall be omitted.\nParagraph (b) shall be omitted.\nIn section 39—\nsubsection (1)\nThe words “on a trial on indictment with a jury” shall be omitted.\nFor the word “judge” wherever it appears there shall be substituted the words “judge advocate”.\nFor the word “jury” there shall be substituted the words “other members of the court”.\nsubsection (2)\nIn section 41—\nsubsection (1)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsection (2)\nFor the words “court may give” there shall be substituted the words “judge advocate may give”.\nFor the word “it” there shall be substituted the word “he”.\nIn paragraph (b), the words “the jury or (as the case may be)” shall be omitted.\nsubsection (3)\nsubsections (4) and (5)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsections (6)–(8)\nIn section 42—\nsubsection (1)\nsubsection (3)\nParagraphs (a), (b) and (c) shall be omitted.\nIn section 43—\nsubsection (1)\nsubsection (2)\nFor the words “court must state in open court (but in the absence of the jury, if there is one)” there shall be substituted the words “judge advocate must state in open court (but in the absence of the other members of the court)”.\nIn paragraph (a), for the word “its” there shall be substituted the word “his”.\nIn paragraph (b), for the word “it” there shall be substituted the word “he”.\nThe words “and, if it is a magistrates’ court, must cause those matters to be entered in the register of its proceedings” shall be omitted.\nsubsection (3)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “Rules of court”.\nIn paragraph (b), for the words “court to request a party to the proceedings to provide the court with information which it considers would assist it” there shall be substituted the words “judge advocate to request a party to the proceedings to provide such information as he considers would assist him”.\nIn section 53—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsection (2)\nsubsection (3)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsections (4) and (5)\nFor the words “criminal proceedings” wherever they appear there shall be substituted the words “proceedings before a court-martial”.\nIn section 54—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (b), for the words “court of its” there shall be substituted the words “judge advocate of his”.\nFor the words “court in accordance” there shall be substituted the words “judge advocate in accordance”.\nsubsections (2) and (3)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (4)\nFor the words “jury (if there is one)” there shall be substituted the words “other members of the court”.\nsubsection (5)\nsubsection (6)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nIn section 55—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nIn paragraph (b), for the words “court of its” there shall be substituted the words “judge advocate of his”.\nFor the words “court in accordance” there shall be substituted the words “judge advocate in accordance”.\nsubsections (2) and (3)\nsubsection (4)\nFor the word “court” there shall be substituted the words “judge advocate”.\nsubsection (5)\nFor the words “jury (if there is one)” there shall be substituted the words “other members of the court”.\nsubsection (6)\nsubsection (7)\nFor the word “court” wherever it appears there shall be substituted the words “judge advocate”.\nsubsection (8)\nIn section 56—\nsubsections (1)–(3)\nFor the words “criminal proceedings” wherever they appear there shall be substituted the words “proceedings before a court-martial”.\nsubsection (4)\nFor the words “A court in criminal proceedings” there shall be substituted the words “A court-martial”.\nsubsection (5)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nFor the words “any of sections 2(1), 13(1) and 16(1) of the Criminal Appeal Act 1968” there shall be substituted the words “section 12(1) of the Courts-Martial (Appeals) Act 1968”.\nFor the words “Court of Appeal” there shall be substituted the words “Courts-Martial Appeal Court”.\nIn section 57—\nsubsection (1)\nFor the words “criminal proceedings” there shall be substituted the words “proceedings before a court-martial”.\nsubsections (2) and (3)\nIn section 62—\nsubsection (1)\nAfter the word “any” there shall be inserted the words “offence under either section 70 of the Army Act 1955 or of the Air Force Act 1955, or section 42 of the Naval Discipline Act 1957, of which the corresponding civil offence (within the meaning of those Acts) is an”.\nsubsection (2)\nIn section 63—\nsubsection (1)\nFor the words “criminal proceedings” wherever they appear there shall be substituted the words “proceedings before a court-martial”.\nFor the definition of “court” there shall be substituted the following definition—\n““court” means a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;”\nFor the definition of “legal representative” shall be substituted the following definition—\n“legal representative” means any person who—\n(i) is an authorised advocate or authorised litigator (as defined by section 119(1) of the Courts and Legal Services Act 1990);\n(ii) is an advocate or solicitor in Scotland;\n(iii) is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland; or\n(iv) has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules;”.\nsubsection (2)\nFor the words “court to exclude evidence at its” there shall be substituted the words “judge advocate to exclude evidence at his”.\nIn section 65—\nsubsection (1)\nFor the words “Criminal Procedure Rules” there shall be substituted the words “Rules of court”.\nsubsection (2)\nFor subsection (2) there shall be inserted the following subsection—\n“(2) In this Act “rules of court” means rules made under section 103 of the Army Act 1955, section 103 of the Air Force Act 1955 or section 58 of the Naval Discipline Act 1957 or as otherwise provided for in this Act.”.\nsubsection (3)",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1968 c. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/2886/schedule/1",
    "retrieved_at": "2026-10-29T04:17:09.279481+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}