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The Armed Forces (Evidence in Proceedings before Civilian Courts) Regulations 2009

S.I. 2009/1112 · Made 24 April 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Defence

Made 24th April 2009

Laid before Parliament 1st May 2009

Coming into force 31st October 2009

The Secretary of State, in exercise of the power conferred by section 372 of the Armed Forces Act 2006f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2006 c. 52; section 372 has been modified by S.I. 2009/1059, article 200.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application
  4. 4Enlistment
  5. 5Enlistment
  6. 6Evidence as to service etc
  7. 7Service record
  8. 8Service record
  9. 9Defence Council instructions or regulations
  10. 10Defence Council certificate
  11. 11Standing or routine orders
  12. 12Transitional Provisions
  13. 13Transitional Provisions
  14. 14Transitional Provisions
  15. Signature
  16. Explanatory note

1Citation and commencement

These Regulations may be cited as the Armed Forces (Evidence in Proceedings before Civilian Courts) Regulations 2009 and come into force on 31st October 2009.

2Interpretation

In these Regulations—

  • “the Act” means the Armed Forces Act 2006;

  • “enlistment paper” has the same meaning as in regulations made under section 328 of the Act;

  • “recruiting officer” has the same meaning as in regulations made under section 328 of the Act.

3Application

These Regulations apply with respect to evidence in proceedings for an offence created by or under the Act before a civilian court in—

(a)

the United Kingdom;

(b)

the Isle of Man; or

(c)

a British overseas territory.

4Enlistment

A document purporting to be an enlistment paper used to enlist a person in accordance with regulations made under section 328 of the Act shall be evidence that—

(a)

that person was enlisted, on the date on which the declaration in the enlistment paper purports to have been signed by him, and on the terms set out in the document; and

(b)

anything recorded in the document as the answer given by him to a question in the document was given by him in answer to that question when it was put to him by or on the direction of the recruiting officer who enlisted him.

5Enlistment

A document purporting to be a copy of such a document as is mentioned in regulation 4 and purporting to be certified to be a true copy by a person stated in the certificate to have custody of the document shall be evidence of the matters mentioned in paragraphs (a) and (b) of that regulation.

6Evidence as to service etc

A document stating that a person—

(a)

was or was not serving at any specified time or during any specified period in any part of Her Majesty’s forces,

(b)

was discharged from any of Her Majesty’s forces at or before any specified time,

(c)

held or did not hold at any specified time any specified rank, rate or appointment in any of Her Majesty’s forces,

(d)

had at or before any specified time been attached, posted or transferred to any part of Her Majesty’s forces,

(e)

at any specified time or during any specified period was or was not serving or held or did not hold any rank, rate or appointment in any particular country or place, or

(f)

was or was not at any specified time authorised to use or wear any decoration, badge or emblem,

shall, if it purports to be issued by or on behalf of the Defence Council or by a person authorised by them, be evidence of the matters stated in the document.

7Service record

A record purporting to be—

(a)

made in any service record in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of naval, military, or air force duty, and

(b)

signed by the commanding officer of the person to whom the record relates or by a person whose duty it was to make or keep the record,

shall be evidence of the matters stated in the record.

8Service record

A document purporting to be a copy of such a record (including the signature) as is mentioned in regulation 7 and purporting to be certified to be a true copy by a person stated in the certificate to have custody of the record shall be evidence of the matters stated in the document.

9Defence Council instructions or regulations

A document purporting to be issued by order of the Defence Council and to contain instructions or regulations given or made by the Defence Council shall be evidence of the giving of the instructions or the making of the regulations and of their contents.

10Defence Council certificate

A certificate purporting to be issued by or on behalf of the Defence Council or by a person authorised by them and stating—

(a)

that a decoration of a description specified in, or as annexed to, the certificate is or is not a naval, military or air force decoration, or

(b)

that a badge or emblem of a description specified in, or as annexed to, the certificate is or is not one supplied or authorised by the Defence Council,

shall be evidence of the matters stated in the certificate.

11Standing or routine orders

A certificate purporting to be signed by a person’s commanding officer or an officer authorised by the commanding officer to give the certificate, and stating the contents of, or of any part of, standing orders, or other routine orders of a continuing nature, of any of Her Majesty’s forces, made for any—

(a)

part of Her Majesty’s forces,

(b)

area or place, or

(c)

ship, train or aircraft,

shall in proceedings against the person concerned be evidence of the matters stated in the certificate.

12Transitional Provisions

Subject to regulation 13, regulations 4 to 11 shall apply to proceedings under the Army Act 1955f1 or under the Air Force Act 1955f2 before a civilian court in—

(a)

the United Kingdom,

(b)

the Isle of Man, or

(c)

a British overseas territory,

where the proceedings commence after the coming into force of these Regulations.

13Transitional Provisions

Where regulation 4 applies by virtue of regulation 12 the reference to “A document purporting to be an enlistment paper used to enlist a person in accordance with regulations made under section 328 of the Act” is to be read as a reference to a document purporting to be an attestation paper under the Army Act 1955 or the Air Force Act 1955 and the reference in regulation 4(a) to an “enlistment paper” is to be read accordingly.

14Transitional Provisions

For the purposes of regulation 12 proceedings before a civilian court shall be taken to commence when the first hearing (or, in Scotland, the first calling) in those proceedings takes place in a civilian court.

Signature

Signed by authority of the Secretary of State for Defence.

Kevan Jones

Parliamentary Under Secretary of State

Ministry of Defence

24th April 2009

Explanatory note

(This note is not part of the Regulations)

Section 372 of the Armed Forces Act 2006 (“the Act”) provides that the Secretary of State may make provision with respect to evidence in proceedings for an offence created by or under the Act before a court of ordinary criminal jurisdiction in the United Kingdom, the Isle of Man or a British overseas territory.

These Regulations make provision in respect of evidence of enlistment, evidence as to service, evidence of standing or routine orders and the admissibility of service records, Defence Council instructions or regulations and Defence Council certificates.

Regulations 12 to 14 make transitional provision.