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The Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006

As Enacted Cited authorities 23 Cited in Amendments 34 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2006/2888
Year2006

2006 No. 2888

Defence

The Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006

Made 30th October 2006

Laid before Parliament 6th November 2006

Coming into force 6th December 2006

The Secretary of State, in exercise of the powers conferred upon him by section 61(1) and (2) of the Youth Justice and Criminal Evidence Act 19991, makes the following Order:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 and shall come into force on 6th December 2006.

(2) In this Order—

“the Act” means the Youth Justice and Criminal Evidence Act 1999;

“continuing proceedings” means proceedings instituted before the date on which this Order comes into force;

“existing special measures power” means any existing power of the magistrate to make an order or give leave for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction;

“magistrate” means a person appointed under section 6(4) of the Armed Forces Act 19762to sit as magistrate in trials before a Standing Civilian Court;

“special measures direction” means a direction under section 19 of the Act.

(3) For the purposes of this Order, proceedings before a Standing Civilian Court are to be taken to be instituted when the prosecuting authority referred to in article 6(1) of the Standing Civilian Courts Order 19973prefers a charge under that article.

S-2 Application of the Act

Application of the Act

2.—(1) The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to proceedings before a Standing Civilian Court, subject to the modifications specified in column 2 of that Schedule.

(2) The provisions of the Act which are specified in column 1 of Schedule 2 to this Order (in so far as they are in force) shall have effect for the purpose of proceedings before a Standing Civilian Court subject to the modifications specified in column 2 of that Schedule.

S-3 Transitional provisions

Transitional provisions

3.—(1) A special measures direction may be given in relation to a witness in continuing proceedings unless the magistrate has before the date this Order comes into force—

(a)

(a) given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the Criminal Justice Act 19884; or

(b)

(b) exercised any existing special measures power in relation to the witness in connection with those proceedings.

(2) Nothing in—

(a)

(a) Chapter 2,

(b)

(b) Chapter 3, and

(c)

(c) Chapter 5,

of Part 2 of the Act applies in relation to continuing proceedings.

Derek Twigg

Parliamentary Under Secretary of State

Ministry of Defence

30th October 2006

SCHEDULE 1

Article 2(1)

Application and Modification of the Act

Column 1

Column 2

Provisions applied

Modifications

In section 16—

subsection (1)

For the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

In paragraph (b), for the word “court” there shall be substituted the word “magistrate”.

subsection (2)

subsections (3) and (4)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (5)

In section 17—

subsection (1)

For the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

For the word “court” there shall be substituted the word “magistrate”.

subsections (2)–(4)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

In section 18—

subsection (1)

The words “but this subsection has effect subject to subsection (2)” shall be omitted.

In section 19—

subsection (1)

For the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

In paragraph (a), for the word “court” there shall be substituted the word “magistrate”.

In paragraph (b), for the words “court of its” there shall be substituted the words “magistrate of his”.

subsection (2)

For 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 “magistrate determines that the witness is eligible for assistance by virtue of section 16 or 17, he”.

In paragraphs (a) and (b), for the word “its” wherever it appears there shall be substituted the word “his”.

subsection (3)

For the word “court” there shall be substituted the word “magistrate”.

subsections (4) and (5)

subsection (6)

For the word “court” there shall be substituted the word “magistrate”.

For the words “its inherent jurisdiction or otherwise” there shall be substituted the words “any powers as may be provided for in legislation”.

In section 20—

subsection (1)

subsection (2)

For 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 magistrate may discharge or vary (or further vary) a special measures direction if it appears to him”.

In paragraph (b), for the word “its” there shall be substituted the word “his”.

subsection (3)

subsection (4)

For the word “court” there shall be substituted the word “magistrate”.

subsection (5)

For the words “The court must state in open court its” there shall be substituted the words “The magistrate must state in open court his”.

For the words “and, if it is a magistrates’ court, must cause them to be entered in the register of its proceedings” there shall be substituted the words “and the magistrate must cause them to be entered in the note of the proceedings”.

subsection (6)

For the words “Criminal Procedure Rules” there shall be substituted the words “Rules of court”.

In paragraph (a), for the word “court” there shall be substituted the word “magistrate”.

In section 21—

subsection (1)

In paragraph (a), for the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

In paragraph (b)—

After 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”5.

subsection (2)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

For the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

subsections (3) and (4)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (5)

subsections (6) and (7)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsections (8) and (9)

In section 22—

subsection (1)

In paragraph (a), for the words “criminal proceedings” there shall be substituted the words “proceedings before a Standing Civilian Court”.

In paragraph (b)—

After 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”.

subsection (2)

In section 23—

subsection (1)

subsection (2)

For paragraph (a) there shall be substituted the following paragraph:

“(a)

“(a) the magistrate and other members of the court (if any);”.

subsection (3)

In section 24—

subsection (1)

subsection (2)

For the word “court” there shall be substituted the word “magistrate”.

subsection (3)

For the words “court may give permission for the purposes of subsection (2) if it appears to the court” there shall be substituted the words “magistrate may give permission for the purposes of subsection (2) if it appears to him”.

In paragraph (b), for the word “its” there shall be substituted the word “his”.

subsection (4)

subsection (8)

In section 25—

subsections (1) and (2)

subsections (3) and (4)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (5)

Section 26

In section 27—

subsection (1)

subsections (2) and (3)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (4)

For the words “court may nevertheless” there shall be substituted the words “magistrate may nevertheless”.

In paragraph (a), for the words “the court” there shall be substituted the word “him”.

In paragraph (b), for the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.

In paragraph (b), for the words “the court” there shall be substituted the words “the magistrate”.

subsection (5)

In paragraph (b), for the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (6)

subsection (7)

For the words “The court” there shall be substituted the words “The magistrate”.

For the words “appears to the court” there shall be substituted the words “appears to him”.

In paragraph (b), for the word “its” there shall be substituted the word “his”.

subsection (8)

subsection (9)

For the word “court” wherever it appears there shall be substituted the word “magistrate”.

subsection (11)

In section 29—

subsection (1)

For the word “court” there shall be substituted the word “magistrate”.

subsection (2)

subsection (3)

For the words “Criminal Procedure Rules” there shall be substituted the words “rules of court”.

In paragraph (a), for the words “judge or justices (or both)” there shall be substituted the word “magistrate”.

In paragraph (b), for the words “the jury (if there is one)”...

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