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Change 1
As published
SCHEDULE 6 Evidence of bad character: armed forces
Section 113
1 Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.
2 Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.
3 (1) Section 107 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.
(2) In subsection (1)—
(a) for a judge and jury substitute “ the Court Martial ”;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, discharge the court. ”
(3) In subsection (2)—
(a) for “jury” substitute “ court ”;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.
(4) In subsection (3)—
(a) for paragraph (a) substitute—
(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged,
;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the dischargecourt.”
(5) For subsection (4) substitute—
(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court.
4 Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—
(1) Where the court makes a relevant ruling—
(a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before the Court Martial, in the absence of the other members of the court) its reasons for the ruling;
(b) if it is the Summary Appeal Court or the Service Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.
5 Section 111 has effect as if the expression“rules of court” included rules regulating the practice and procedure of service courts.
6 In this Schedule “service court” means—
(a) the Court Martial;
(b) the Summary Appeal Court;
(c) the Service Civilian Court; or
(d) the Court Martial Appeal Court.
Your change, as a redline
SCHEDULE 6 Evidence of bad character: armed forces
Section 113
1 Sections 98 to 106, 109, 110 and 112, in so far as they are not applied in relation to proceedings before service courts by provision contained in or made under any other Act, have effect in relation to such proceedings (whether in the United Kingdom or elsewhere) as they have effect in relation to criminal proceedings.
2 Section 103, as it applies in relation to proceedings before service courts, has effect with the substitution in subsection (4)(a) of “charge sheet” for “written charge or indictment”.
3 (1) Section 107 has effect in relation to proceedings before the Court Martial(whether in the United Kingdom or elsewhere) with the following modifications.
(2) In subsection (1)—
(a) for a judge and jury substitute “ the Court Martial ”;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c) for the words after paragraph (b) substitute “ the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a retrial, discharge the court. ”
(3) In subsection (2)—
(a) for “jury” substitute “ court ”;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”.
(4) In subsection (3)—
(a) for paragraph (a) substitute—
(a) a court is required to determine under section 115B(2) of the Army Act 1955, section 167 of the Armed Forces Act 2006 whether a person charged with an offence did the act or made the omission charged,
;
(b) for “the court is satisfied” substitute “ the judge advocate is satisfied ”;
(c) for the words after paragraph (c) substitute “the judge advocate must either direct the court to acquit the defendant of the offence or, if he considers that there ought to be a rehearing, the dischargecourt.”
(5) For subsection (4) substitute—
(4) This section does not prejudice any other power a judge advocate may have to direct a court to acquit a person of an offence or to discharge a court.
4 Section 110, as it applies in relation to proceedings before service courts, has effect with the substitution of the following for subsection (1)—
(1) Where the court makes a relevant ruling—
(a) it must state in open court (but, in the case of a ruling by a judge advocate in proceedings before the Court Martial, in the absence of the other members of the court) its reasons for the ruling;
(b) if it is the Summary Appeal Court or the Service Civilian Court, it must cause the ruling and the reasons for it to be entered in the note of the court’s proceedings.
5 Section 111 has effect as if the expression“rules of court” included rules regulating the practice and procedure of service courts.
6 In this Schedule “service court” means—
(a) the Court Martial;
(b) the Summary Appeal Court;
(c) the Service Civilian Court; or
(d) the Court Martial Appeal Court.
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