PART VEVIDENCE

Rules of evidence etc.27

1

The following enactments, namely—

a

section 64A(1) and (4) of the Act6 (rules of evidence);

b

section 64B(1), (2) and (5) of the Act (proof by written statement);

c

section 64C of the Act (proof of service facts and records):

d

section 12 of the Criminal Justice Act 19677 (application of sections 10 and 11 of that Act to courts-martial);

e

section 113(12) of the Police and Criminal Evidence Act 19848 (application of Parts VII and VIII of that Act to the armed forces);

f

paragraphs 1 to 6 of Schedule 13 to the Criminal Justice Act 19889 (evidence before courts-martial etc.),

shall apply in relation to proceedings before the court as they apply in relation to proceedings before courts-martial under the Act, subject to the modifications referred to in paragraph (2).

2

In relation to proceedings before the court—

a

the reference in section 64A(1) of the Act to service modifications shall have effect as a reference to the provisions of this Part of these Rules;

b

the reference in section 64B(1) of the Act to service modifications shall have effect as a reference to the modifications to section 9 of the Criminal Justice Act 196710 specified in Part I of Schedule 3;

c

the reference in section 12 of the Criminal Justice Act 1967 to such modifications as may be prescribed by the Secretary of State by regulations shall have effect as a reference to the modifications to sections 10 and 11 of that Act specified in Part II of Schedule 3; and

d

the reference in section 113(12) of the Police and Criminal Evidence Act 1984 to modifications which the Secretary of State may by order specify shall have effect as a reference to the modifications to Parts VII and VIII of that Act specified in Part III of Schedule 3.