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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

Part VIII—supplementary

82Part VIII-interpretation

(1)In this Part of this Act—

  • " confession ", includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;

  • " court-martial" means a court-martial constituted under the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 ;

  • " proceedings " means criminal proceedings, including—

    (a)

    proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955 or the Air Force Act 1955 ;

    (b)

    proceedings in the United Kingdom or elsewhere before the Courts-Martial Appeal Court—

    (i)

    on an appeal from a court-martial so constituted or from a court-martial constituted under the [1957 c. 53.] Naval Discipline Act 1957 ; or

    (ii)

    on a reference under section 34 of the [1968 c. 20.] Courts Martial (Appeals) Act 1968 ; and

    (b)

    proceedings before a Standing Civilian Court; and

  • "Service court" means a court-martial or a Standing Civilian Court.

(2)In this Part of this Act references to conviction before a Service court are references—

(a)as regards a court-martial constituted under the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955, to a finding of guilty which is, or falls to be treated as, a finding of the court duly confirmed ;

(b)as regards—

(i)a court-martial; or

(ii)a disciplinary court,

constituted under the Naval Discipline Act 1957, to a finding of guilty which is, or falls to be treated as, the finding of the court;

and " convicted " shall be construed accordingly.

(3)Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.

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