The Naval Courts-Martial General Orders (Royal Navy) 1991

Proof of service facts and records

69.  –

(1) The following provisions shall have effect with respect to evidence in proceedings before a court-martial.

(2) 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 time 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, or emblem;

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

(3) A record made in any service record, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise in pursuance of naval duty and purporting to be signed by the commanding officer or by any person whose duty it was to make or keep the records or a copy of a record (including the signature thereto) in any record as aforesaid, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the record, may be received without formal proof in all trials under the Act as prima facie evidence of such record.

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

(5) 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 a military, naval or air force decoration; or

(b) that a badge or emblem of a description specified in or, as annexed to the certificate is one supplied or authorised by the Defence Council;

shall be evidence of the matters stated in the certificate.

(6) 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 ship, train or aircraft;

(b) any formation or unit or body of Her Majesty’s forces; or

(c) any command or other area, or place;

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

(7) Any document which would be evidence in any proceedings under the Army Act 1955(1) or Air Force Act 1955(2) by virtue of section 189 of those Acts shall in like manner, subject to the like conditions, and for the like purposes be evidence in a court-martial under the Act.

(1)

1955 c. 18.

(2)

1955 c. 19.