Article 4 Modification of special measures provisionsI1

In their application by virtue of article 3, the special measures provisions are modified as follows.

Any reference to a special measures direction has the same meaning as in this Order.

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.

Any reference to the witness is to be read as a reference to the witness to whose evidence the special measures direction applies.

Any reference to the accused is to be read—

Any reference to—

is to be read, in relation to proceedings before the Court Martial F4, the Service Civilian Court or the Summary Appeal Court, as a reference to the judge advocate.

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

Any reference to the jury is to be read, in relation to proceedings with lay members, as a reference to those lay members.

Section 20(5) of the Act has effect as if the words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” were omitted.

Sections 21(1)(b) and 22(1)(b) of the Act have effect as if after the words “relate is” wherever they occur there were inserted “an offence under section 42 of the Armed Forces Act 2006 to which the corresponding offence under the law of England and Wales (within the meaning of that Act) is”.

Section 22A of the Act has effect in relation to proceedings before the Court Martial Appeal Court as if—

Section 23(2)(a) of the Act has effect, in relation to proceedings before—

Section 24(3)(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”.

Section 27(7)(b) of the Act has effect in relation to proceedings before the Court Martial F8, the Service Civilian Court or the Summary Appeal Court as if for the word “its” there was substituted “his”.

In section 29 to 31 of the Act, references to a witness include a defendant or appellant who gives evidence.

Section 29(3) of the Act has effect as if—

Section 29(6) 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’s” there was substituted “judge advocate’s”.