Part II Discipline and Trial and Punishment of Air-Force Offences
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 F1, subject to section 99A below F2to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.) F3to Schedules 6 and 7 to the Criminal Justice Act 2003 F4and to service modifications, be the same as those observed in F5trials on indictment in England, and no person shall be required in proceedings before a court-martial to answer any question or to produce any document which he could not be required to answer or produce in similar proceedings F6in a trial on indictment in England.
F7(1A)
In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that 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 of either House of Parliament.
F8(2)
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(3)
A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court, and of all other matters of which judicial notice would be taken in a F9trial on indictment in England.