(1)The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall [F1,subject to section 99A below [F2to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)][F3and to service modifications],] be the same as those observed in civil courts in England, and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings before a civil court in England.
[F4(1A)In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—
“rules” includes rules contained in or made by virtue of an enactment; and
“enactment” includes an enactment contained in an Act passed after this Act.
(1B)Regulations under subsection (1A) above may not modify section 99A below.
(1C)Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
(2)
F5(3)A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a civil court in England.
Textual Amendments
F1Words inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 3(a)
F2Words in s. 99(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 4(1); S.I. 1991/2719, art. 2
F3Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 Pt. II para. 29(2)(a)
Textual Amendments applied to the whole legislation
F6Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2