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The Criminal Procedure and Investigations Act 1996 (Application to the Armed Forces) Order 2008

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Confidentiality: contravention

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19.—(1) This article applies where a person (the “offender”) who is subject to service law knowingly uses or discloses an object or information recorded in it and the use or disclosure is in contravention of article 18.

(2) For the purposes of this article, a person is subject to service law if he is—

(a)subject to military law, treated for any purpose as being so subject under section 131 of the Army Act 1955, or a civilian to whom Part 2 of the Army Act 1955 is applied by section 209 of that Act, or

(b)subject to air force law, treated for any purpose as being so subject under section 131 of the Air Force Act 1955, or a civilian to whom Part 2 of the Air Force Act 1955 is applied by section 209 of that Act, or

(c)subject to the Naval Discipline Act 1957, treated for any purpose as being so subject under section 51 of the Naval Discipline Act 1957, or a civilian to whom Parts 1 and 2 of that Act are applied by section 118 of that Act.

(3) Where the obligation under article 18 arose in relation to an accused charged under section 83B of the Army Act 1955, section 83B of the Air Force Act 1955 or section 52I of the Naval Discipline Act 1957—

(a)if the offender is someone to whom paragraph 2(a) applies, he shall be guilty of an offence under section 57(1) of the Army Act 1955;

(b)if the offender is someone to whom paragraph 2(b) applies, he shall be guilty of an offence under section 57(1) of the Air Force Act 1955;

(c)if the offender is someone to whom paragraph 2(c) applies, he shall be guilty of an offence under section 38(1) of the Naval Discipline Act 1957.

(4) Where the obligation under article 18 arose in relation to an accused charged under article 6 of the Standing Civilian Courts Order 1997—

(a)if the offender is someone to whom paragraph 2(a) applies, he shall be guilty of an offence under section 57(1) of the Army Act 1955 by virtue of paragraph 15(1) of Schedule 3 to the Armed Forces Act 1976, and paragraph 15(2) and (3) of that schedule shall apply; or

(b)if the offender is someone to whom paragraph 2(b) applies, he shall be guilty of an offence under section 57(1) of the Air Force Act 1955 by virtue of paragraphs 1(2) and 15(1) of Schedule 3 to the Armed Forces Act 1976, and paragraph 15(2) and (3) of that schedule shall apply.

(5) If the object concerned is in the offender’s possession, the judicial officer of the court-martial or Standing Civilian Court finding him guilty may order that the object shall be forfeited and dealt with in such manner as the judicial officer may order.

(6) The power of the judicial officer under paragraph (5) includes power to order the object to be destroyed or to be given to the prosecutor or to be placed in his custody for such period as the judicial officer may specify.

(7) If—

(a)the judicial officer proposes to make an order under paragraph (5), and

(b)the person found guilty, or any other person claiming to have an interest in the object, applies to be heard by the judicial officer,

the judicial officer must not make the order unless the applicant has been given an opportunity to be heard.

(8) If a copy of the object concerned is in the offender’s possession, the judicial officer may order that the copy shall be forfeited and dealt with in such manner as the judicial officer may order.

(9) Paragraphs (6) and (7) apply for the purposes of paragraph (8) as they apply for the purposes of paragraph (5), but as if references to the object were references to the copy.

(10) An object or information shall be inadmissible as evidence in civil proceedings if to adduce it would in the opinion of the court be likely to constitute an offence under paragraph (1); and “the court” here means the court before which the civil proceedings are being taken.

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