Armed Forces Act 1971

49 Amendments as to procedure of courts-martial, and evidence in naval disciplinary courts

(1) The provisions of the [1955 c. 18.] Army Act 1955 and the [1955 c. 19.] Air Force Act 1955 with respect to Rules of Procedure shall be amended as follows:—

(a) in section 103(2) of each Act (specific matters for which Rules may make provision), the following paragraph shall be inserted after paragraph (k):—

“(kk) directing that the powers conferred by section 7 of the Bankers' Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers' books for the purposes of legal proceedings) may be exercised for the purposes of a court-martial (whether within or without the United Kingdom) by the authority by whom the court-martial is convened, as well as by the court or a judge within the meaning of that Act;”;

(b) in section 104(2)(b) of each Act (under which Rules as to the functions of a judge advocate may provide for him to determine questions of law in the absence of the members of a court-martial), after the words " questions of law " there shall be inserted the words " or of law and fact mixed ".

(2) Section 58 of the [1957 c. 53.] Naval Discipline Act 1957 (General Orders as to procedure of courts-martial) shall be amended as follows:—

(a) in subsection (2) (specific matters for which General Orders may provide), the following paragraph shall be inserted after paragraph (a):—

“(aa) for determining the cases in which and the extent to which courts-martial may, in sentencing an accused for any offence of which he is convicted, at the request of the accused take into consideration other offences against this Act committed by him;”;

(b) the following subsection shall be substituted for subsection (4) (under which General Orders are to have effect only if approved by Her Majesty in Council in pursuance of a report of the Judicial Committee of the Privy Council, and every Order in Council made for the purposes of that subsection is to be laid before Parliament):—

“(4) The power to make General Orders under this section shall be exercisable by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(3) Section 6(1) of the [1898 c. 36.] Criminal Evidence Act 1898 (which applies that Act to all criminal proceedings, including proceedings in courts-martial) shall be amended by inserting after (the words " courts-martial " the words " under the Army Act 1955 and the Air Force Act 1955, and proceedings in courts-martial and disciplinary courts under the Naval Discipline Act 1957 ".