Police and Criminal Evidence Act 1984 (c. 60)

Part VIII U.K. Evidence in Criminal Proceedings—General

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)

Pt. VIII modified (2.10.2000) by S.I. 2000/2372, rule 27(2), Sch. 3 Pt. III para. 18(a)

Part VIII—supplementary U.K.

Modifications etc. (not altering text)

C2 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. U.K.

(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 M1 Army Act 1955, the M2 Air Force Act 1955 or the M3 Naval 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 M4 Naval Discipline Act 1957; or

(ii) on a reference under section 34 of the M5 Courts-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 M6 Army Act 1955 or the M7 Air 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.

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1957 c. 53.

M5 1968 c. 20.

M6 1955 c. 18.

M7 1955 c. 19.