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Version Superseded: 01/01/2005
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(1)The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall [F1, subject to section 99A below [F2to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)][F3and to service modifications],] be the same as those observed in [F4trials on indictment] 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 [F5in a trial on indictment] in England.
[F6(1A)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)
F7(3)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 [F8trial on indictment]in England.
Textual Amendments
F1Words inserted by Armed Forces Act 1976 (c. 52), s. 11, Sch. 5 para. 3(a)
F2Words in s. 99(1) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(1), Sch. 2 para. 4(1); S.I. 1991/2719, art. 2
F3Words inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 Pt. II para. 28(2)(a)
F4Words in s. 99(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 29(1)(2)(a); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F5Words in s. 99(1) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 29(1)(2)(b); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F6S. 99(1A)–(1C) inserted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(1), Sch. 6 Pt. II para. 28(2)(b)
F7S. 99(2) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I and Armed Forces Act 1981 (c. 55), Sch. 5 Pt. II
F8Words in s. 99(3) substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 29(1)(3); S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
Modifications etc. (not altering text)
C1S. 99(1)(3) applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(a)(2)
Textual Amendments applied to the whole legislation
F9Act: 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
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