Armed Forces Discipline Bill [H.L.] - continued        House of Lords
Custody - continued

back to previous text
 
Custody after charge.     2. - (1) After section 75E of the Army Act 1955 there is inserted-
 
 
"Custody after charge.     75F. - (1) Where a person subject to military law ("the accused") is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.
 
    (2) Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in military custody, but only if-
 
 
    (a) the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from military custody, would-
 
      (i) fail to attend any hearing in the proceedings against him,
 
      (ii) commit an offence while released, or
 
      (iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
 
    (b) the judicial officer is satisfied that the accused should be kept in military custody for his own protection or, if he is under 17 years of age, for his own welfare;
 
    (c) the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
 
    (d) the accused, having been released from military custody after being charged with the offence, has deserted or absented himself without leave.
      (3) In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant-
 
 
    (a) the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
 
    (b) the character, antecedents, associations and social ties of the accused,
 
    (c) the accused's behaviour on previous occasions while charged with an offence and released from military custody or while on bail in criminal proceedings,
 
    (d) the strength of the evidence that the accused committed the offence,
  as well as to any others which appear to be relevant.
 
      (4) If-
 
 
    (a) the accused is charged with an offence to which this subsection applies;
 
    (b) representations are made as to any of the matters mentioned in subsection (2)(a) above; and
 
    (c) the judicial officer decides not to authorise the keeping of the accused in military custody,
  the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.
 
      (5) Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is-
 
 
    (a) murder;
 
    (b) manslaughter;
 
    (c) rape;
 
    (d) attempted murder; or
 
    (e) attempted rape.
      (6) The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.
 
      (7) An order under subsection (2) above does not authorise the keeping of the accused in military custody-
 
 
    (a) if the accused is subsequently released from military custody, at any time after his release; or
 
    (b) at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.
      (8) Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply."
 
      (2) After section 75E of the Air Force Act 1955 there is inserted-
 
 
"Custody after charge.     75F. - (1) Where a person subject to air-force law ("the accused") is kept in air-force custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.
 
    (2) Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in air-force custody, but only if-
 
 
    (a) the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from air-force custody, would-
 
      (i) fail to attend any hearing in the proceedings against him,
 
      (ii) commit an offence while released, or
 
      (iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
 
    (b) the judicial officer is satisfied that the accused should be kept in air-force custody for his own protection or, if he is under 17 years of age, for his own welfare;
 
    (c) the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
 
    (d) the accused, having been released from air-force custody after being charged with the offence, has deserted or absented himself without leave.
      (3) In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant-
 
 
    (a) the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
 
    (b) the character, antecedents, associations and social ties of the accused,
 
    (c) the accused's behaviour on previous occasions while charged with an offence and released from air-force custody or while on bail in criminal proceedings,
 
    (d) the strength of the evidence that the accused committed the offence,
  as well as to any others which appear to be relevant.
 
      (4) If-
 
 
    (a) the accused is charged with an offence to which this subsection applies;
 
    (b) representations are made as to any of the matters mentioned in subsection (2)(a) above; and
 
    (c) the judicial officer decides not to authorise the keeping of the accused in air-force custody,
  the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.
 
      (5) Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is-
 
 
    (a) murder;
 
    (b) manslaughter;
 
    (c) rape;
 
    (d) attempted murder; or
 
    (e) attempted rape.
      (6) The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in air-force custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.
 
      (7) An order under subsection (2) above does not authorise the keeping of the accused in air-force custody-
 
 
    (a) if the accused is subsequently released from air-force custody, at any time after his release; or
 
    (b) at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.
      (8) Subsection (1) above does not apply where the accused is charged at a time when he is kept in air-force custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply."
 
      (3) After section 47F of the 1957 Act there is inserted-
 
 
"Custody after charge.     47G. - (1) Where a person subject to this Act ("the accused") is kept in naval custody after being charged with an offence under any provision of Part I of this Act, he shall be brought before a judicial officer as soon as practicable.
 
    (2) Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in naval custody, but only if-
 
 
    (a) the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from naval custody, would-
 
      (i) fail to attend any hearing in the proceedings against him,
 
      (ii) commit an offence while released, or
 
      (iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
 
    (b) the judicial officer is satisfied that the accused should be kept in naval custody for his own protection or, if he is under 17 years of age, for his own welfare;
 
    (c) the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
 
    (d) the accused, having been released from naval custody after being charged with the offence, has deserted or absented himself without leave.
      (3) In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant-
 
 
    (a) the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
 
    (b) the character, antecedents, associations and social ties of the accused,
 
    (c) the accused's behaviour on previous occasions while charged with an offence and released from naval custody or while on bail in criminal proceedings,
 
    (d) the strength of the evidence that the accused committed the offence,
  as well as to any others which appear to be relevant.
 
      (4) If-
 
 
    (a) the accused is charged with an offence to which this subsection applies;
 
    (b) representations are made as to any of the matters mentioned in subsection (2)(a) above; and
 
    (c) the judicial officer decides not to authorise the keeping of the accused in naval custody,
  the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.
 
      (5) Subsection (4) above applies to any offence under section 42 of this Act where the civil offence constituting the offence is-
 
 
    (a) murder;
 
    (b) manslaughter;
 
    (c) rape;
 
    (d) attempted murder; or
 
    (e) attempted rape.
      (6) The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in naval custody shall be such period, ending (subject to section 47H(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.
 
      (7) An order under subsection (2) above does not authorise the keeping of the accused in naval custody-
 
 
    (a) if the accused is subsequently released from naval custody, at any time after his release; or
 
    (b) at any time after the award of punishment on summary trial of the charge or any amended or substituted charge.
      (8) Subsection (1) above does not apply where the accused is charged at a time when he is kept in naval custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply."
 
Review of custody after charge.     3. - (1) After section 75F of the Army Act 1955 there is inserted-
 
 
"Review of custody after charge.     75G. - (1) Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from military custody, or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
      (2) After section 75F of the Air Force Act 1955 there is inserted-
 
 
"Review of custody after charge.     75G. - (1) Where the keeping of the accused in air-force custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from air-force custody or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from air-force custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in air-force custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
      (3) After section 47G of the 1957 Act there is inserted-
 
 
"Review of custody after charge.     47H. - (1) Where the keeping of the accused in naval custody is authorised by an order under section 47G(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
 
    (2) If at any time it appears to the accused's commanding officer that the grounds on which such an order was made have ceased to exist, he shall-
 
 
    (a) release the accused from naval custody, or
 
    (b) request a review.
      (3) Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
 
      (4) Subsections (2) to (6) of section 47G of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
 
      (5) At the first review the accused may support an application for release from naval custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
 
      (6) At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
 
      (7) On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in naval custody for a period of not more than 28 clear days.
 
      (8) In this section "review" means a review under subsection (1) above."
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 19 November 1999