Air Force Act 1955 (repealed)

198 General provisions as to evidence.F8 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 certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be 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 his having 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’s forces 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 any rank 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 or emblem,

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 purposes of this subsection, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of air-force duty, and purporting to be signed by the commanding officer or by any person whose duty 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 the custody 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 their contents.

(7) A certificate purporting to be issued by or on behalf of [F2 the Defence Council], . . . F3 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 an air-force, naval or military decoration, or

(b) that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied 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 him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders 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 Army Act 1955, 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 the like 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) by 1996 c. 46, s. 5, Sch. 1 Pt. IV para. 80; S.I. 1997/304, art. 2 (with art. 3, Sch. 2)

Marginal Citations

M1 1955. c. 18.

M2 1957 c. 53.

Textual Amendments applied to the whole legislation

F8 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