Article 6 Modification of protection of witnesses from cross-examination provisionsI1

In their application by virtue of article 5, the protection of witnesses from cross-examination provisions are modified as follows.

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—

is to be read, in relation to proceedings before the Court Martial F2, the Service Civilian Court or the Summary Appeal Court, as a reference to the judge advocate.

Any reference to the accused is to be read—

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 (within the meaning of Court Martial Rules F5or the SAC Rules), as a reference to those lay members.

Section 35(3) of the Act has effect as if for the words “The offences to which this section applies are—” there were substituted “This section applies to any 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—” and for the word “any” in paragraph (a) there was substituted “an”.

Section 36(1)(b) of the Act has effect, in relation to proceedings before the Court Martial F6, the Service Civilian Court or the Summary Appeal Court, as if for the words “of its” there were substituted “of his”.

Section 37(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”.

Section 37(4) of the Act has effect, in relation to proceedings before—

Section 38(2) of the Act has effect, in relation to proceedings before the Court Martial F10, the Service Civilian Court or the Summary Appeal Court, as if for the words “it must” there were substituted “he must” and as if for the words “it may” there were substituted “he may”.

Section 38(4) of the Act has effect as if the word “qualified” was omitted.

Section 38(8) of the Act has effect as if—

were omitted.

Section 39(1) of the Act has effect as if the words “on a trial on indictment with a jury” were omitted.