keep MODIFICATIONS TO SECTIONS 9 TO 11 OF THE CRIMINAL JUSTICE ACT 1967
These Regulations apply sections 9-11 of the Criminal Justice Act 1967 (relating to evidence admissibility and procedure) to courts-martial proceedings, subject to modifications under the Army Act 1955, Air Force Act 1955, and Naval Discipline Act 1957, and additional modifications in the Schedule. They revoke the 1967 and 1977 Courts-Martial Evidence Regulations.
Courts-martial proceedings involve determining guilt or innocence of service personnel facing serious charges. Without consistent application of evidence rules, there is significant risk of wrongful convictions or successful appeals that undermine military discipline and justice. Deleting this would create a vacuum where military courts lack clear evidence procedure, harming both accused persons (who lose procedural protections) and the Crown (whose disciplinary system would be compromised by mistrials). While procedural, the coordination function cannot be easily dispensed with.