SCHEDULES

SCHEDULE 3Evidence

Proof of outcome of civil trial

9

1

Where a person subject to service law has been tried before a civil court (whether at the time of the trial he was or was not subject to service law), a certificate signed by the clerk of the court and stating all or any of the following matters—

a

that the person concerned was tried before the court for an offence specified in the certificate;

b

the result of the trial;

c

what judgment or order was given or made by the court; and

d

that other offences specified in the certificate were taken into consideration at the trial,

shall be evidence of the matters stated in the certificate.

2

The clerk of the court shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this paragraph and shall be paid such fee as may be prescribed by regulations made by the Secretary of State under section 199 of the [1955 c. 18.] Army Act 1955, section 199 of the [1955 c. 19.] Air Force Act 1955 or section 129B of the [1957 c. 53.] Naval Discipline Act 1957, as the case may be.

3

A document purporting to be a certificate under this paragraph and to be signed by the clerk of the court shall, unless the contrary is shown, be deemed to be such a certificate.

4

References in this paragraph to the clerk of the court include references to his deputy and to any other person having the custody of the records of the court.