C1C2Part II Discipline and Trial and Punishment of Military Offences

Annotations:
Modifications etc. (not altering text)
C1

Part II extended by Reserve Forces Act 1980 (c. 9), s. 142

C2

Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2

Courts-martial: provisions relating to trial

99 Rules of evidence.

1

The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall F2, subject to section 99A below F3and to service modifications, be the same as those observed in civil courts in England, and no person shall be required inproceedings before a court-martial to answer any question or to produce any document which he could not berequired to answer or produce in similar proceedings before a civil court in England.

F41A

In this section “service modifications” means such modifications as the Secretary ofState may by regulations made by statutory instrument prescribe, being modifications which appear to himto be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declaredthat in this section—

rules” includes rules contained in or made by virtue of an enactment; and

enactment” includes an enactment contained in an Act passed after this Act.

1B

Regulations under subsection (1A) above may not modify section 99A below.

1C

Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution ofeither House of Parliament.

2

F53

A court-martial shall take judicial notice of all matters of notoriety, including all matters withinthe general service knowledge of the court, and of all other matters of which judicial notice would be takenin a civil court in England.