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EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provisions with respect to proceedings before a court-martial under the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957, and with respect to proceedings before a Standing Civilian Court constituted under the Armed Forces Act 1976. The provisions are equivalent (with modifications) to those of Part 1 of the Criminal Procedure and Investigations Act 1996 (‘the 1996 Act’) which impose duties of disclosure on prosecutors and accused.

The modifications provided for in the order are to adjust the working of the provisions to the circumstances of, and legislation governing, proceedings before courts-martial and Standing Civilian Courts, an important example being the fact that courts-martial are not standing courts.