Police and Criminal Evidence Act 1984

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 [F1 section 52G] 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 [F2 , the Air Force Act 1955 or the Naval Discipline Act 1957];

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

(i) on an appeal from a court-martial so constituted F3 . . .; or

(ii) on a reference under section 34 of the M4 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 [F4 references 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.

Extent Information

E1 S. 82 extends to England and Wales only with exceptions as regards courts martial, see s. 120(1)(6)-(8)

Textual Amendments

F1 Words in the definition of

“court martial”

in s. 82(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para.105; S.I. 1997/304, art.2 (with savings in art. 3(1)(3) and transitional provisions in art. 4, Sch. 2 para. 1)

F2 Words in the definition of

“proceedings”

in s. 82(1) substituted (1.4.1997) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 107(a); S.I. 1997/304, art.2 (with savings in art. 3(1)(3) and transitional provisions in art. 4, Sch. 2 para. 1)

F3 Words in s. 82(1)(b)(i) ceased to have effect (1.4.1997) and repealed (prosp.) by virtue of 1996 c. 46, ss. 5, 35(2), 36(2), Sch. 1 Pt. IV para. 107(b), Sch. 7 Pt.I; S.I. 1997/304, art.2 (with saving in art. 3(1)(3) and transitional provisions in art. 4, Sch. 2 para. 1)

F4 Words in s. 82(2) substituted (1.4.1997) by 1996 c. 46, s. 35(1), Sch. 6 para. 14; S.I. 1997/304, art.2 (with savings in art 3(3) and transitional provisions in art. 4, Sch. 2 para. 1)

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1968 c. 20.