Defence (Amendment) Act 1987

Production of documents in evidence.

8

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 F1 [ 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.

(2) A person summoned or ordered under section 183 (1) of the Principal Act to attend as a witness before an authorised officer or a commanding officer investigating a charge under Chapter IV of Part V of that Act may by letter signed by such authorised officer or commanding officer, as may be appropriate, be required to produce to such officer any document, record or other thing in the person’s power or control being a document, record or other thing which is either specified in the letter or is of a class or description so specified and being in either case a document, record or other thing which such officer considers necessary for the purposes of the investigation.

F1 [ (3) For the purposes of subsection (1) of this section

( a ) subsection (3) of section 207 of the Principal Act shall apply as it applies for the purposes of the said section 207, and

( b ) references to the military judge shall be construed as including references to such officer. ]

(4) Any person, not being a person subject to military law, who without just cause or excuse fails or refuses to produce a document, record or other thing, the production of which is required under subsection (2) of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F1 [ 2,000 ].