Explanatory note

Section 108 of the Reserve Forces Act 1996 (“the Act”), which was amended by paragraph 50 of Schedule 14 to the Armed Forces Act 2006 to create the vires for these regulations, provides that the Secretary of State may make provision with respect to evidence in proceedings for an offence under the Act before a civil court, namely, a magistrates’ court in England and Wales, a sheriff sitting as a court of summary jurisdiction in Scotland and a court of summary jurisdiction in Northern Ireland.

These Regulations make provision in respect of 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. They also make provision in respect of evidence for proceedings for offences under section 95 of the Act (offences against orders and regulations under section 4).