Reserve Forces Act 1996

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 [F1 proper officer] of the court and stating all or any of the following matters— U.K.

(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 [F1 proper officer] 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 M1 Army Act 1955, section 199 of the M2 Air Force Act 1955 or section 129B of the M3 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 [F1 proper officer] of the court shall, unless the contrary is shown, be deemed to be such a certificate.

F2 [(4) In this paragraph “proper officer” means—

(a) in relation to a court of summary jurisdiction in England and Wales, the [F3 designated officer] for the court; and

(b) in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.]

Textual Amendments

F1 Words in Sch. 3 para. 9(1)(2)(3) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 176, 178(2) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F2 Sch. 3 para. 9(4) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 paras. 176, 178(3) (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(a)(ii) (with Sch. 2 para. 2)

F3 Words in Sch. 3 para. 9(4) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 370; S.I. 2005/910, art. 3(y)

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.