Defence Act 1954

Summoning and privilege of witnesses at courts-martial.

207

207. (1) Every person required to give evidence before a court-martial may be summoned or ordered to attend in the prescribed manner.

(2) Every person attending in pursuance of such summons or order as a witness before any court-martial shall during his necessary attendance in or on such court-martial and in going to and returning from the same have the same privilege from arrest as if he were a witness before the High Court.

F270 [ (3) For the purposes of this section and section 208 (except subsection (2) of section 208), references to a court-martial shall be deemed to include an officer taking a written summary of evidence in accordance with rules of procedure. ]

Annotations:

Amendments:

F270

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 55, S.I. No. 254 of 2008.

Modifications (not altering text):

C55

Application of section extended (24.06.1987) by Defence (Amendment) Act 1987 (8/1987) s. 8(1), commenced on enactment, as amended (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4, pt. 2, S.I. No. 254 of 2008.

Production of documents in evidence.

8.— (1) A person summoned or ordered under section 207 of the Principal Act to give evidence before a court-martial may by letter signed by the [military judge presiding ] at the court-martial be required to produce to such court-martial any document, record or other thing in his power or control being a document, record or other thing which is either specified in such letter or is of a class or description so specified and being in either case a document, record or other thing required as evidence at such court-martial.

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