Part III U.K. Course of Justice: Evidence, Procedure, Etc.

Inferences from accused’s silence U.K.

39 Power to apply sections 34 to 38 to armed forces. U.K.

(1) The Secretary of State may by order direct that any provision of sections 34 to 38 of this Act shall apply, subject to such modifications as he may specify, to any proceedings to which this section applies.

(2) This section applies—

(a) to proceedings whereby a charge is dealt with summarily under Part II of the M1 Army Act 1955;

(b) to proceedings whereby a charge is dealt with summarily under Part II of the M2 Air Force Act 1955;

(c) to proceedings whereby a charge is summarily tried under Part II of the M3 Naval Discipline Act 1957;

(d) to proceedings before a court martial constituted under the Army Act 1955;

(e) to proceedings before a court martial constituted under the Air Force Act 1955;

(f) to proceedings before a court martial constituted under the Naval Discipline Act 1957;

F1 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) to proceedings before the Courts-Martial Appeal Court;

(i) to proceedings before a Standing Civilian Court;

and it applies wherever the proceedings take place.

(3) An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 S. 39(2)(g) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.