OpenLegislation

Article 13 Modification of reporting restrictions provisionsI1

United Kingdom

(1)

Chapter 4 of Part 2 (and sections 63 and 65 so far as having effect for the purposes of that Chapter) of the Act are modified as follows.

(2)

Any reference to criminal proceedings is to be read as a reference to proceedings before the Court Martial, the Service Civilian Court F1, the Court Martial Appeal Court or the Summary Appeal Court.

(3)

Any reference to Criminal Procedure Rules is to be read as a reference to Rules of court.

(4)

In relation to proceedings before the Court Martial F2, the Service Civilian Court or the Summary Appeal Court—

(a)

section 45(3) to (6), (9) and (10)(b) of the Act,

F3(aa)

section 45A(2), (5) to (11), (13) and (14) of the Act,

(b)

section 46(1) to (5) and (8) to (11) of the Act,

(c)

section 47(2)(b)(ii) and (3) to (5) of the Act, and

(d)

section 52(1) of the Act,

have effect as if for the word “court” wherever it appears there were substituted “judge advocate”.

(5)

F4Section 45A(3)(a), (6)(d) and (7)(b), section 46(1) and (4)(d) and section 47(4) to (6) of the Act have effect as if for the word “accused” wherever it appears there were substituted—

(a)

in relation to—

(i)

trial proceedings within the meaning of Court Martial Rules, or

(ii)

trial proceedings within the meaning of SCC Rules,

“defendant”;

(b)

in relation to appellate proceedings within the meaning of Court Martial Rules, “appellant”;

(c)

in relation to proceedings before the Court Martial Appeal Court, “person charged with an offence to which the proceedings relate (whether or not he has been convicted)” F5;

F6(d)

in relation to proceedings before the Summary Appeal Court, “appellant”.

(6)

Section 47(2)(b) of the Act has effect, in relation to proceedings before the Court Martial F7, the Service Civilian Court or the Summary Appeal Court, as if for the word “its” there was substituted “his”.

(7)

Section 63(2) of the Act has effect as if for the word “court” there was substituted—

(a)

in relation to proceedings before the Court Martial F8, the Service Civilian Court or the Summary Appeal Court, “judge advocate”; or

(b)

in relation to proceedings before the Court Martial Appeal Court, “Court Martial Appeal Court”.

(8)

Section 65(3) of the Act has effect, in relation to proceedings before the Court Martial F9, the Service Civilian Court or the Summary Appeal Court, as if for the word “court” there was substituted “judge advocate”.

Annotations

Textual amendments

F1

Words in art. 13(2) substituted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(2)

F2

Words in art. 13(4) substituted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(3)

F3

Art. 13(4)(aa) inserted (13.4.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) Order 2015 (S.I. 2015/727), arts. 1, 3(2)

F4

Words in art. 13(5) substituted (13.4.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) Order 2015 (S.I. 2015/727), arts. 1, 3(3)

F5

Art. 13(5)(c): semicolon substituted for full stop (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(4)(a)

F6

Art. 13(5)(d) inserted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(4)(b)

F7

Words in art. 13(6) substituted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(5)

F8

Words in art. 13(7)(a) substituted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(6)

F9

Words in art. 13(8) substituted (15.11.2015) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) (Amendment) (No. 2) Order 2015 (S.I. 2015/1805), arts. 1, 12(7)

Commencement

I1

Art. 13 in force at 31.10.2009, see art. 1