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The Armed Forces (Service Civilian Court) Rules 2009

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Changes over time for: Section 60

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60.—(1) Without prejudice to rule 58, section 9 of the 1967 Act (proof by written statement) shall apply, subject to paragraph (2), in relation to a statement made—

(a)in the United Kingdom by any person, or

(b)outside the United Kingdom by a person subject to service law or a civilian subject to service discipline,

as it applies in criminal proceedings in relation to a statement made in the United Kingdom.

(2) In its application by virtue of this rule, section 9 of the 1967 Act shall have effect as if—

(a)subsection (2)(c) required service of the statement on the court administration officer (as well as each of the other parties to the proceedings);

(b)in subsection (2)(d), the reference to the parties' solicitors were to their legal representatives; and

(c)subsections (5) and (8) were omitted; and

(d)in subsection (6), the references to the court were to the judge advocate.

(3) An application to the court under section 9(4)(b) of the 1967 Act—

(a)may be made in preliminary proceedings; or

(b)in trial proceedings.

(4) Section 89 of the 1967 Act (offence of making a false statement tendered in evidence) shall apply in relation to a statement tendered in evidence in proceedings of the court by virtue of section 9 of that Act, wherever made, as it applies in relation to a statement tendered in evidence in criminal proceedings by virtue of that section.

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