Modifications etc. (not altering text)
C1Pt. XI incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
(1)The Secretary of State may by order direct that any provision of [F1Part 5 of this Act (or Part 11 of this Act so far as relating to that Part)] which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as he may specify, to investigations of offences conducted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or to persons under arrest under any of those Acts.
(2)Section 67(9) above shall not have effect in relation to investigations of offences conducted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
(3)The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are concerned [F2with
(a)the exercise of the powers conferred by Part 2 of the Armed Forces Act 2001, or
(b)enquiries into offences under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.]
[F3(3A)In subsections (4) to (10), “code” means a code of practice under subsection (3).]
(4)Without prejudice to the generality of subsection (3) above, a code F4. . . may contain provisions, in connection with [F5the powers mentioned in subsection (3)(a) above or the enquiries mentioned in subsection (3)(b) above], as to the following matters—
(a)the tape-recording of interviews;
(b)searches of persons and premises; and
(c)the seizure of things found on searches.
[F6(5)The Secretary of State may at any time revise the whole or any part of a code.
(6)A code may be made, or revised, so as to—
(a)apply only in relation to one or more specified areas,
(b)have effect only for a specified period,
(c)apply only in relation to specified offences or descriptions of offender.
(7)The Secretary of State must lay a code, or any revision of a code, before Parliament.]
(8)A failure on the part of any person to comply with any provision of a code F7. . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.
(9)Subsection (8) above applies—
(a)to proceedings under any provision of the M4Army Act 1955 or the M5Air Froce Act 1955 other than section 70; and
(b)to proceedings under any provision of the M6Naval Discipline Act 1957 other than section 42.
(10)In all criminal and civil proceedings any F8. . . code shall be admissible in evidence and if any provision of F8. . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(11)In subsection (10) above “criminal proceedings” includes—
(a)proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 F9. . .
(b)proceedings before the Courts-Martial Appeal Court; and
(c)proceedings before a Standing Civilian Court.
(12)Parts VII and VIII of this Act have effect for the purposes of proceedings—
(a)before a court-martial constituted under the M7Army Act 1955 or the M8Air Force Act 1955;
(b)before the Courts-Martial Appeal Court; and
(c)before a Standing Civilian Court,
subject to any modifications which the Secretary of State may by order specify.
(13)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 113(1) substituted (30.9.2003) by 2001 c. 19, ss. 13(1)(2), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F2S. 113(3)(a)(b) and preceding word substituted (30.9.2003) for words in s. 113(3) by 2001 c. 19, ss. 13(1)(3), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F3S. 113(3A) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 11(3), 336; S.I. 2004/81, art. 2(1)(2)(a)
F4Words in s. 113(4) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F5Words in s. 113(4) substituted (30.9.2003) by 2001 c. 19, ss. 13(1)(4), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F6S. 113(5)-(7) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 11(4), 336; S.I. 2004/81, art. 2(1)(2)(a)
F7Words in s. 113(8) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F8Word in s. 113(10) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F9Words in s. 113(11)(a) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. I; S.I. 2002/345, art. 2 (subject to art. 3)
Modifications etc. (not altering text)
C2S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2370, rule 27(1)(e)(2)
S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(d)(2)
S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(d)(2)
Marginal Citations