Part VIIIC2 Evidence in Criminal Proceedings—General

Annotations:
Modifications etc. (not altering text)

C1 Part VIII—supplementary

Annotations:
Modifications etc. (not altering text)
C1

Pt. VIII modified (2.10.2000) by S.I. 2000/2370, rule 27(2), Sch. 3 Pt. III para. 18(a)

Pt. VIII modified (2.10.2000) by S.I. 2000/2371 rule, 27(2), Sch. 3 Pt. III para. 18(a)

82 Part VIII—interpretation.

1

In this Part of this Act—

  • “confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;

  • “court-martial” means a court-martial constituted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957;

  • “proceedings” means criminal proceedings, including—

a

proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955 or the Air Force Act 1955;

b

proceedings in the United Kingdom or elsewhere before the Courts-Martial Appeal Court—

i

on an appeal from a court-martial so constituted or from a court-martial constituted under the M4Naval Discipline Act 1957; or

ii

on a reference under section 34 of the M5Courts-Martial (Appeals) Act 1968; and

b

proceedings before a Standing Civilian Court; and

“Service court” means a court-martial or a Standing Civilian Court.

2

In this Part of this Act references to conviction before a Service court are references—

a

as regards a court-martial constituted under the M6Army Act 1955 or the M7Air Force Act 1955, to a finding of guilty which is, or falls to be treated as, a finding of the court duly confirmed;

b

as regards—

i

a court-martial; or

ii

a disciplinary court,

constituted under the Naval Discipline Act 1957, to a finding of guilty which is, or falls to be treated as, the finding of the court;

and “convicted” shall be construed accordingly.

3

Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.