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)”... |
