304BUndertakings as to use of evidence

1

If the Director of Service Prosecutions (“the Director”) thinks that, for the purposes of the investigation or prosecution of a relevant service offence, it is appropriate to offer a person an undertaking that information will not be used against the person in service proceedings, the Director may give the person a written notice under this subsection (a “restricted use undertaking”).

2

If a person is given a restricted use undertaking, the information described in the undertaking must not be used against that person in service proceedings except in the circumstances specified in the undertaking.

3

In subsections (1) and (2), the references to the use of information in service proceedings are to its use—

a

at a summary hearing in respect of a service offence, or

b

in proceedings in respect of a service offence before—

i

the Court Martial;

ii

the Service Civilian Court;

iii

the Summary Appeal Court;

iv

the Court Martial Appeal Court; or

v

the Supreme Court on an appeal brought from the Court Martial Appeal Court.

4

A restricted use undertaking ceases to have effect in relation to the person to whom it is given if the person fails to comply with any conditions specified in the undertaking.

5

In this section “relevant service offence” has the same meaning as in section 304A.