The Courts-Martial (Prosecution Appeals) (Supplementary Provisions) Order 2006
The Secretary of State makes this Order under the power vested in him by virtue of section 31 of the Armed Forces Act 2001 (c. 19) to make provision equivalent to a criminal justice enactment, or any subordinate legislation made under the criminal justice enactment in relation to service courts. This Order makes provisions supplementary to those contained in the Courts-Martial (Prosecution Appeals) Order 2006 (S.I. 2006/1786) which introduces for service courts a power (equivalent to the powers contained in Part 9 of the Criminal Justice Act 2003) for the prosecuting authorities to appeal to the Courts-Martial Appeal Court against a judicial ruling which would otherwise have the effect of terminating proceedings. These supplementary provisions are themselves equivalent in relation to service courts to those provisions in Part 66 of the Criminal Procedure Rules 2005 (S.I. 2005/384) which provide for the practice and procedure to be followed by the civilian courts when the prosecution exercises a right of appeal in respect of a terminating ruling.