Statutory Instrument 1989 No. 2130

The Standing Civilian Courts (Amendment) Order 1989

---

© Crown Copyright 1989

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Standing Civilian Courts (Amendment) Order 1989, ISBN 0110981308. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1989 No. 2130

DEFENCE

The Standing Civilian Courts (Amendment) Order 1989

The Secretary of State in exercise of the powers conferred on him by paragraph 12 of Schedule 3 to the Armed Forces Act 1976^[1] , hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Standing Civilian Courts (Amendment) Order 1989 and shall come into force on 1st January 1990.

Interpretation
    2.    In this Order "the Principal Order" means the Standing Civilian Courts Order 1977^[2] .

Amendment
    3.—(1)  The Principal Order shall be amended as follows:

    (2)  In Article 4 after paragraph (2) there shall be inserted the following:-
"  (3)  When an interview with an accused by the service police has been recorded on tape he may, before trial, apply by written notice to the directing officer for a transcript of such tape recorded interview or any part thereof. In such cases the directing officer shall, if he is of the opinion that the interests of justice so require, direct that such a transcript, or such parts thereof as he considers necessary, be supplied to the accused as soon as practicable and in any case not less than twenty four hours before the trial." .



    (3)  After article 37 there shall be inserted the following:-

"Application by an accused at trial for transcript of service police interview
    37A.    Whether or not an application has previously been made to the directing officer under paragraph (3) of Article 4 above, the accused may at any time during the trial apply to the court for a transcript of any tape recording made by the service police of an interview with him. If the accused makes such an application, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor's address. If the court are of the opinion that the interests of justice so require they may direct that such a transcript or such parts thereof as they consider necessary shall be supplied to the accused." .

Tom King

Secretary of State for Defence

Dated this 17th day of November 1989

This Order amends the Standing Civilian Courts Order 1977 to enable an accused to apply to the directing officer before trial by Standing Civilian Court or to the court during his trial for a transcript of any tape recording made by the service police of an interview with him.

[1] 1976 c. 52; paragraph 12 of Schedule 3 was amended by the Armed Forces Act 1986 (c. 21) section 9(3). back

[2] S.I. 1977/88, to which there are amendments not relevant to this Order. back