Army Act 1955 (repealed)

Provisions as to evidenceF14 U.K.

Textual Amendments applied to the whole legislation

F14 Act: 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

198 General provisions as to evidence. U.K.

(1) The following provisions F1 shall have effect with respect to evidence in proceedings under this Act,whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the attestation paper signed by any person and to be certifiedto be a true copy by a person stated in the certificate to have the custody of the attestation paper shallbe evidence of the enlistment of the person attested.

(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of hishaving given the answers to questions which he is therein recorded as having given.

(4) A letter, return or other document stating that any person—

(a) was or was not serving at any specified time or during any specified period in any part of Her Majesty’sforces or was discharged from any part of those forces at or before any specified time, or

(b) held or did not hold at any specified time any specified rank or appointment in any of those forces,or had at or before any specified time been attached, posted or transferred to any part of those forces,or at any specified time or during any specified period was or was not serving or held or did not hold anyrank or appointment in any particular country or place, or

(c) was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe oremblem,

shall, if purporting to be issued by or on behalf of [F2 the Defence Council], F3 , or by a person authorised by F3 them, be evidence of the matters stated in the document.

(5) A record made in any service book or other document prescribed by Queen’s Regulations for the purposesof this subsection, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise inpursuance of military duty, and purporting to be signed by the commanding officer or by any person whoseduty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record(including the signature thereto) in [F4 any such book or other document as aforesaid], purporting to be certified to be a true copy by a person stated in the certificate to have thecustody of the book [F5 or other document], shall be evidence of the record.

(6) A document purporting to be issued by order of [F2 the Defence Council] and to contain instructions or regulations given or made by [F2 the Defence Council] shall be evidence of the giving of the instructions or making of the regulations and of theircontents.

(7) A certificate purporting to be issued by or on behalf of [F2 the Defence Council], or by a person authorised by F3 them, and stating—

(a) that a decoration of a description specified in or annexed to the certificate is a military, naval orair-force decoration, or

(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is onesupplied or authorised by [F2 the Defence Council],

shall be evidence of the matters stated in the certificate.

(8) A certificate purporting to be signed by a person’s commanding officer or any officer authorised by himto give the certificate, and stating the contents of, or of any part of, standing orders or other routineorders of a continuing nature made for—

(a) any formation or unit or [F6 body of Her Majesty’s forces], or

(b) any command or other area, garrison or place, or

(c) any ship, train or aircraft,

shall in proceedings against the said person be evidence of the matters stated in the certificate.

(9) Any document which would be evidence in any proceedings under the M1 Air Force Act1955, by virtue of section one hundred and ninety-eight of that Act [F7 , or in any proceedings under the M2 Naval Discipline Act 1957, by virtue of section 64C of that Act,]shall in like manner, subject to thelike conditions, and for the like purpose be evidence in the like proceedings under this Act.

Textual Amendments

F1 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch.7 Pt. III

F2 Words substituted by S.I. 1964/488, Sch. 1 Pt. I

F3 Words repealed by S.I. 1964/488, Sch. 1 Pt. I

F4 Words substituted by Army and Air Force Act 1961 (c. 52), Sch. 2

F5 Words inserted by Army and Air Force Act 1961 (c. 52), Sch. 2

F6 Words substituted by Armed Forces Act 1971 (c. 33), s. 78(4), Sch. 1 para. 1(8)

F7 Words in s. 198(9) inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 70; S.I. 1997/304, arts. 2, 3 (with transitional provisions in Sch. 2)

Modifications etc. (not altering text)

C1 S. 198(8)(c) extended by S.I. 1972/971, art. 4, Sch. 1

Marginal Citations

M1 1955 c. 19.

M2 1957 c. 53.

198A, 198B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 Ss. 198A, 198B repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s.119(2), Sch. 7 Pt. III

[F9 198C Provision as to age. U.K.

Where the age of any person at any time is material for the purposes of any provision of this Actregulating the powers of a court-martial, his age at the material time shall be deemed to be or to have beenthat which appears to the court, after considering any available evidence, to be or to have been his ageat that time.]

Textual Amendments

F9 S. 198C inserted by Armed Forces Act 1976 (c. 52) Sch. 9 para. 4; renumbered as s. 198C by Armed Forces Act 1981 (c. 55), s. 9(2)

199 Proof of outcome of civil trial. U.K.

(1) Where a person subject to military law has been tried before a civil court (whether at the time of thetrial he was subject to military law or not), a certificate signed by the [F10 proper officer] of the court and statingall or any of the following matters,—

(a) that the said person has been tried before the court for an offence specified in the certificate,

(b) the result of the trial,

(c) what judgment or order was given or made by the court,

(d) that other offences specified in the certificate were taken into consideration at the trial,

shall for the purposes of this Act be evidence of the matters stated in the certificate.

(2) The [F10 proper officer] of the court shall, if required by the commanding officer of the person in question or anyother officer, furnish a certificate under this section and shall be paid such fee as may be prescribed byregulations made by a Secretary of State.

(3) A document purporting to be a certificate under this section and to be signed by the [F10 proper officer] of the courtshall, unless the contrary is shown, be deemed to be such a certificate.

[F11 (4) In this section “proper officer” means—

(a) in relation to a court of summary jurisdiction in England and Wales, the [F12 designated officer] for the court; and

(b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.]

Textual Amendments

F10 Words in s. 199(1)(2)(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 18(2) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F11 S. 199(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 18(3) (with s. 107, Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii)

F12 Words in s. 199(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 95(b); S.I. 2005/910, art. 3(y)

200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F13 S. 200A repealed (11.5.2001) by 2001 c. 19, s. 38, Sch. 7 Pt. 5