PART 12EVIDENCE
CHAPTER 1General
Proof by written statement75
1
Without prejudice to rule 73, section 9 of the 1967 Act (proof by written statement) shall apply, as modified by paragraph (2), in relation to a statement made—
a
in the United Kingdom by any person, or
b
outside the United Kingdom by a person subject to service law or a civilian subject to service discipline,
as it applies in criminal proceedings in relation to a statement made in the United Kingdom.
2
In its application by virtue of this rule, section 9 of the 1967 Act shall have effect as if—
a
subsection (2)(c) required service of the statement on the court administration officer (as well as each of the other parties to the proceedings);
b
in subsection (2)(d), the reference to the parties' solicitors were to their legal representatives;
c
subsections (5) and (8) were omitted; and
d
in subsection (6), the references to the court were to the judge advocate.
3
An application to the court under section 9(4)(b) of the 1967 Act—
a
may be made in preliminary proceedings; and
b
if made in trial proceedings, shall be determined by the judge advocate.
4
Section 89 of the 1967 Act (offence of making a false statement tendered in evidence) shall apply in relation to a statement tendered in evidence in proceedings of the court by virtue of section 9 of that Act, wherever made, as it applies in relation to a statement tendered in evidence in criminal proceedings by virtue of that section.